Terms of Use

Welcome to Convoy Car Shipping!

Convoy Car Shipping is owned and operated by Convoy Car Shipping LLC.

These are the terms of use for:

• https://www.convoycarshipping.com

By using the website and services, you agree to be bound by these terms of use and our privacy policy. In these terms of use, the words “website” refers to the Convoy Car Shipping website, “we”, “us”, “our” and “Convoy Car Shipping” refers to Convoy Car Shipping and “you” “customer” and “user” refers to you, the Convoy Car Shipping user or customer.

The following terms of use apply to the website and services offered by Convoy Car Shipping. This includes any version of Convoy Car Shipping accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

BINDING ARBITRATION

THESE TERMS OF USE INCLUDE SPECIFIC PROVISIONS THAT SET FORTH HOW POTENTIAL DISPUTES BETWEEN YOU AND CONVOY CAR SHIPPING ARE TO BE HANDLED. WITH SOME LIMITED EXCEPTIONS, THESE PROVISIONS REQUIRE THAT ANY CLAIMS AGAINST CONVOY CAR SHIPPING BE RESOLVED BY BINDING AND FINAL ARBITRATION RATHER THAN IN COURT, AND THAT THESE CLAIMS BE HANDLED ON AN INDIVIDUAL BASIS RATHER THAN IN A CLASS, GROUP OR REPRESENTATIVE PROCEEDING. WE ENCOURAGE YOU TO CAREFULLY REVIEW SECTION 15 OF THESE TERMS, WHICH CONTAINS IMPORTANT INFORMATION ABOUT YOUR COMMITMENT TO ARBITRATE ANY DISPUTE WITH CONVOY CAR SHIPPING.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Convoy Car Shipping website. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms of use when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Convoy Car Shipping may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. USE OF INFORMATION AND PRIVACY

Convoy Car Shipping has the right, which you grant, to use and assign all information about your use of the website and any data you provide to us, in a manner that is consistent with applicable law and our privacy policy. For more details, you may consult our privacy policy at the link provided: (insert link to privacy policy).

3. OWNERSHIP OF CONTENT

Ownership of all content on this website, whether provided by Convoy Car Shipping or its content providers, is protected by copyrights, patents, trademarks and other relevant proprietary rights, and will remain so. Any act of copying, redistribution, use or publication of this content or any part of the website is prohibited without prior written permission from us. Use of the website does not confer any ownership right or interest in its contents.

When you submit ideas, comments or proposals to Convoy Car Shipping related to our services, known as “Feedback,” you agree that Convoy Car Shipping is not obligated to compensate you or to maintain the confidentiality of the Feedback. Convoy Car Shipping is free to use, assign, transfer, distribute, exploit, and further develop and modify these Feedback for any purpose whatsoever, whether or not in a recognizable form. If you own a copyright or any other intellectual property right in the Feedback, you grant Convoy Car Shipping a global, non-exclusive, royalty-free, fully paid-up, irrevocable, sublicensable and perpetual license and right to use, copy, sell, distribute and exploit the Feedback, including the creation of derivative works. In addition, you fully release Convoy Car Shipping from any and all liability or claims relating to the rights in the Feedback.

4. MINORS

This website is not intended for use by children under the age of 16. We strongly urge users under this age to refrain from providing any personal information and from using this website or its services at all times. This website is not directed at or suitable for persons under the age of 16.

5. USE OF THE WEBSITE

Convoy Car Shipping grants a restricted, revocable, non-transferable license for personal use of this website, expressly excluding its use for republication, distribution, assignment, sub-licensing, sale, creation of derivative works or other commercial purposes without the express written consent of Convoy Car Shipping. Reproduction, copying, framing or any other form of commercial exploitation of any part of the website without the prior written permission of Convoy Car Shipping is prohibited. The user agrees not to duplicate the contents of the website, to refrain from reverse engineering, to prevent unauthorized access to the site, and not to use the materials, products or services in a manner that violates any law. Access to and use of the website are subject to our discretion, and your use may be terminated by us at any time. Access to the website and use of the services are permitted only for the stipulated purposes, provided that all terms and conditions of use, including payment obligations, are met.

6. DISCLAIMER

Access to and use of the website may be subject to interruptions and errors, and we do not warrant that defects will be corrected. The website is provided with its services and information on an “as is” and “as available” basis, without warranties of any kind. Convoy Car Shipping excludes all warranties, whether express, statutory or implied warranties of merchantability, fitness for a particular purpose or non-infringement. In some jurisdictions, limitations on warranties are not allowed, so this restriction may not apply to you. If you are dissatisfied with the website, your sole remedy is to discontinue using the website and you assume all responsibility and risk for your use of the website.

7. LIMITATION OF LIABILITY

Convoy Car Shipping shall not be liable for any damages of any kind, whether direct, indirect, incidental, consequential, special, exemplary or punitive, including but not limited to loss of business, revenue, litigation or the like, arising out of the use of or in connection with the website, its content or its use, on any legal theory, even if advised of the possibility of such damages. In the event that the use of the website and/or its content is unsatisfactory, the only remedy available to the user is to cease using the website and/or its content.

8. COPYRIGHT INFRINGEMENT

Convoy Car Shipping will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Convoy Car Shipping respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Convoy Car Shipping can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

9. MOBILE SERVICES

This website offers features tailored for mobile devices, which allow you to both upload content to the website and browse the website from these devices, known as “Mobile Services”. When accessing the website from a mobile device, you may incur standard charges, data rates and other possible fees imposed by your mobile service provider. In addition, your carrier may impose restrictions or limitations on the download, installation or use of certain Mobile Services, and not all services may be compatible with all carriers or mobile devices.

10. COMPLIANCE WITH THE LAW

By using our website, you agree to adhere to all applicable laws. In addition, you agree that the information you provide is accurate and truthful to the best of your knowledge and belief.

11. PERSONAL DATA

Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

12. USE RESTRICTIONS

Your use of the website must be for lawful and permitted purposes only, and must not be used to research competitors or to determine, compare, develop or provide similar or competitive products or services. In addition, your use of the website must not exceed the limits of the authorization granted. You may not attempt to obtain or access any materials or information by any means not expressly provided for or provided for on the website. You are expected to access the website only through the interface we provide. You are restricted from attempting to breach or violate the security of the website, including, but not limited to: accessing data not intended for you or logging into servers or accounts to which you are not authorized to access; attempting to assess, scan or test the vulnerability of a system or network, or circumventing any security or authentication measures without authorization; using or accessing the website or any portion thereof without permission; or introducing viruses, Trojan horses, worms, logic bombs or other harmful or technologically damaging materials.

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Convoy Car Shipping in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by Convoy Car Shipping.

13. THIRD PARTIES

Our website may contain links to third party websites, which are provided solely for your convenience and information. When you access these third party websites, you do so at your own risk and you should be aware that these sites are subject to their own privacy policies and terms and conditions of use, which may differ from ours.

We have no control over the content, policies or practices of third party websites and therefore assume no responsibility or liability for them. The inclusion of any link to a third party website on our site does not imply our approval or endorsement of the site, its content, products or services.

We recommend that you carefully review the terms and conditions and privacy policies of any third-party website before using it or providing any personal information. The decision to access third-party websites is yours alone and should be made with caution and discernment.

14. INDEMNIFICATION

You agree to defend and indemnify Convoy Car Shipping from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services.

15. ARBITRATION

Disputes, controversies or claims between the parties, whether relating to these Terms, an Order, Convoy Car Shipping’s services, or any other obligation of the Customer to Convoy Car Shipping, shall be settled through binding arbitration, thereby avoiding resolution in conventional courts. However, there are exceptions where the Customer or Convoy Car Shipping may: (1) go to small claims court if the claims are admissible in such a context, and (2) initiate legal action in competent courts to prevent infringement or misuse of intellectual property rights, including seeking temporary restraining orders. The arbitration will be governed by both the Federal Arbitration Act and the relevant federal arbitration laws.

Unlike a court proceeding, arbitration does not involve the presence of a judge or jury and the chances of judicial review of an arbitration award are reduced. However, the arbitrator has the power to award remedies and damages similar to those that a court might award, including injunctive relief and declaratory or declaratory judgments or statutory damages.

Before proceeding with arbitration, the Customer must, at least thirty (30) days in advance, submit to Convoy Car Shipping a detailed, personally signed letter specifying the legal claims, the relief requested and requesting arbitration. This letter should be sent to Convoy Car Shipping – 901 H St Ste 120, Sacramento, CA 95814 via certified courier service requiring signature upon receipt. Convoy Car Shipping will follow a similar procedure, using email if it does not have a physical address for the Customer.

Arbitration shall be conducted under the rules of the National Arbitration Mediation (“NAM”), including those for consumer disputes, unless otherwise specified herein. Both Customer and Convoy Car Shipping grant the arbitrator the power to decide whether to arbitrate. Administrative and arbitration costs will be determined in accordance with NAM rules, with the complaining party responsible for filing fees. If the Customer wins, the Customer may seek reimbursement of its expenses. Conversely, Convoy Car Shipping may seek reimbursement of legal fees if the arbitration declares the Customer’s claims to be unfounded. The arbitration shall be conducted by a single arbitrator and may be conducted by telephone, in writing or in person in the Customer’s county or other agreed upon location.

If multiple disputes arise regarding the same or similar matters, they will be arbitrated in the order in which they arose, provided they are all resolved within three (3) years. This arbitration agreement shall continue in effect even after the termination of these terms.

16. JURY TRIAL AND SMALL CLAIMS COURT

In the event that any claim must be resolved in a court of law rather than through arbitration, both parties agree to waive the right to a jury trial. In addition, both the Customer and Convoy Car Shipping have the right to bring claims in competent courts to prevent infringement or misuse of intellectual property rights, including seeking temporary injunctive relief.

17. ADDITIONAL RIGHTS

Consumer laws and other relevant regulations, which prohibit the exclusion of implied warranties or the exclusion or limitation of certain damages, may grant you additional rights. If such laws apply to your situation, exclusions or limitations contained in these terms of use that directly conflict with these laws may not apply to you.

18. CALIFORNIA CONSUMERS AND THEIR RIGHTS.

Pursuant to California Civil Code Section 1789.3, California consumers have the right to file complaints and grievances. Complaints may be directed to the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs. Complaints may be sent in writing to 1625 North Market Blvd, Suite N 112, Sacramento CA 95834, by calling (916) 445-1254 or (800) 952-5210, or by emailing dca@dca.ca.gov.

19. APPLICABLE LAW AND JURISDICTION

These terms of use shall be governed by and construed in accordance with the laws of the United States, specifically those of the State of DE. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of DE. This applies unless binding arbitration is agreed to under the applicable section.

20. SEVERABILITY

In the event that any provision of these terms of use is held by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be reduced or eliminated to the extent necessary to ensure that the remainder of the terms of use remains valid and in full force and effect.

21. WAIVER

Convoy Car Shipping’s failure to act in the exercise or enforcement of any right or provision of these terms of use shall not constitute a waiver of such right or provision. For a waiver by Convoy Car Shipping of these terms of use to be effective, it must be in writing and signed by an authorized representative of Convoy Car Shipping.

22. MARKETING

Convoy Car Shipping has the right to mention your name and/or Convoy Car Shipping’s name, logo and trademarks, and to feature you as a user or customer on its website and in other marketing or promotional materials directed to current or potential customers, partners and investors. If you do not wish Convoy Car Shipping to exercise this right, you may opt out by sending an email to (insert email) to opt out of being included as a reference.

23. RELATIONSHIP BETWEEN THE PARTIES

Nothing in these terms of use or your use of the website should be construed as creating a partnership, joint venture, employee or agency relationship between the parties. Both parties shall maintain their independence, and neither shall act or hold itself out as the other. Each party lacks the power or authority to commit or assume obligations, whether express or implied, in the name or on behalf of the other. The relationship established herein is that of independent contractors, with each party being solely responsible for its own acts and omissions.

24. ENTIRE AGRREMENT

The entire agreement between Convoy Car Shipping and you is set forth in these terms of use, which govern your interaction with the website and supersede any prior agreements between the parties, whether digital, oral or written, regarding this website. In addition to these terms, your use of the site may be governed by additional terms and conditions, policies (including, but not limited to, our privacy policy and additional terms and conditions), guidelines or applicable standards. Convoy Car Shipping reserves the right to modify these terms of use at any time by posting updates on the website. You are advised to regularly review the website to be aware of changes to the Terms of Use, as your continued use of the site following such modifications implies and confirms your rejection of such changes or modifications.

25. CONTACT INFORMATION

If you have questions or concerns about these terms of use, please contact us through our contact forms or by using the contact information below:

Convoy Car Shipping LLC

901 H St Ste 120, Sacramento, CA 95814

info@convoycarshipping.com

717-227-7447