Cody Transport, LLC Terms of USe

Terms of Use

Last Modified: September 26, 2023

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Cody Transport LLC. (“Cody”). The following terms and conditions require that all visitors, whether as a guest or registered user, to our website(s), mobile application(s) or other digital properties and services (each, a “Site”) adhere to the following rules and regulations. By accessing a Site, you indicate your acknowledgment and agreement to these terms and conditions.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

CHANGES TO THE TERMS OF USE

Cody reserves the right to revise these Terms of Service at any time and users are deemed to be apprised of and bound by any changes to these Terms of Service. Cody will indicate that changes to these Terms of Service have been made by updating the date indicated after “Last Modified” at the beginning of these Terms of Service. All changes are effective immediately.  Your continued use of the Sites after that date constitutes your agreement to the revised modified Terms of Service.

LAWS AND REGULATIONS

User access to and use of any Site is subject to all applicable international, federal, state, and local laws and regulations.

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable for any reason if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to using any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website contains many of the valuable trademarks and service marks owned and used by Cody. These trademarks and service marks distinguish Cody’s quality products and services. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, metatags, video and audio, and the design, selection, and arrangement thereof), are property of Cody, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.

You must not:

• Use any materials from this Site on another platform or website.
• Use any illustrations, photographs, video or audio sequences or any graphics from this Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
• You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Cody. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

COPYRIGHTS

The Cody name and logo, and all related names, logos, product and service names, designs and slogans are copyrights of Cody. You must not use such marks without the prior written permission of Cody. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material in violation of these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Cody, a Cody employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Cody or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cody, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cody. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through this Site or other transactions for the sale of goods or services formed through the Site or because of visits made by you are governed by our separate written Terms and Conditions of Sale, which are incorporated by this reference into these Terms of Use.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may not link to our homepage without our prior express written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send e-mails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Site.
• Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITE

The Site may provide links to other websites or digital properties to access third-party material or bring the third-party material into the Site.  If the Site contains links to other sites and resources provided by third parties, these links are not an endorsement, authorization, sponsorship, or affiliation and are provided for your convenience only. Cody has no control over the contents of those sites or resources and accepts no 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. There are inherent risks in relying upon or retrieving any information found on the internet, and Cody urges you to make sure you understand these risks before relying upon, using, or retrieving any information on a linked site. UNDER NO CIRCUMSTANCE WILL CODY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH A SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.

PRESS RELEASES AND BLOG POSTS

All press releases and other materials presented or released that are contained on the Sites were, to the best of Cody’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Cody has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Sites.

POSTINGS

Cody is under no obligation to review any messages, information, or content (“Postings”) posted on the Sites by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Cody may from time to time monitor the Postings on the Sites and may decline to accept and/or remove any Postings that contain:

• Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
• Advertisements or solicitations of any kind.
• Messages posted by users impersonating others.
• Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
• Messages by non-spokesperson employees purporting to speak on behalf of Cody.
• Messages that offer unauthorized downloads of any copyrighted or private information.
• Multiple messages placed within individual folders by the same user restating the same point.
• Chain letters of any kind.

GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the State of New Jersey in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.

VIOLATIONS OF RULES AND REGULATIONS

Cody reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address or user to a Site.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.

USE OF “COOKIE” FILE FEATURES

Cody reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for the purpose of modifying our Sites to reflect users’ preferences. Our Privacy Policy provides additional information regarding the use of cookies as well as procedures for disabling cookies.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site, its content and any services or items obtained through the Site is at your own risk. The Site, its content and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Cody nor any person associated with Cody makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither the Cody nor anyone associated with the  Cody represents or warrants that the Site, its content or any services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.

Cody hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for purposes.The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY

In no event will Cody, its affiliates or their licensors, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cody, its affiliates, and its officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

GOVERNING LAW AND JURISDICTION

Users of this Sites agree to submit to the laws of the State of New Jersey, USA, and applicable federal law without regard to conflicts of laws principles.

All matters relating to the Site and these Terms of Use, and any dispute or claim arising from or related to such matters (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of the State of New Jersey.  You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by Cody of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cody to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Cody with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

This website is operated by Cody Transport LLC, 100 Industrial Avenue, Ridgefield Park, NJ 07660.

View Cody Transport LLC  Privacy Statement.