Effective Date: May 1, 2018
Intellectual Property Rights
You acknowledge that Capacity Systems LLC has the right but not the obligation to use and display any postings or contributions of any kind and that Capacity Systems LLC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Capacity Systems LLC does not accept or consider unsolicited creative ideas, suggestions or materials. You agree that any creative ideas, suggestions or other materials you submit are to us – whether or not solicited by us – are not being submitted in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. You further acknowledge that Capacity Systems LLC may already have such ideas in use, or in the planning stages for use.
Disclaimer of Warranties
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY CAPACITY SYSTEMS LLC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Interactive Features and Rules
This Site may include a variety of features that allow feedback to us and real-time interaction between us and members. We do not control the information posted by Members and are not responsible for the content of such information. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Capacity Systems LLC may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Capacity Systems LLC or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Capacity Systems LLC staff, Capacity Systems LLC’s outside contributors, or by users not connected with Capacity Systems LLC, some of whom may employ anonymous user names. Capacity Systems LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Capacity Systems LLC or any of its subsidiaries or affiliates.
Capacity Systems LLC has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Member Registration and Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect Capacity Systems LLC or third parties as a result of the incorrect use, loss or theft of your password or account.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR ARTICLES, WHITE PAPERS, UPDATES, SERVICES, OR THIRD-PARTY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND CAPACITY SYSTEMS LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You agree at all times to defend, indemnify and hold harmless Capacity Systems LLC, its affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
You agree not to disclose information you obtain from us and or from our clients, transportation partners and contractors. All information submitted to us by another end-user is proprietary information. Such customer information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Capacity Systems LLC infringe your copyright, you, or your agent may send to Capacity Systems LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Capacity Systems LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Capacity Systems LLC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Capacity Systems LLC’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at email@example.com.
The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information. In the event that Capacity Systems LLC discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998. Please see the Federal Trade Commission’s website for this act. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
In the event of a dispute, you or Capacity Systems LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You and Capacity Systems LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. EXCEPT FOR CASES DECIDED IN SMALL CLAIMS COURT, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Any dispute, controversy or claim arising out of, relating to, or having any connection with this Agreement or the parties’ relationship generally, or the breach, termination, enforcement, interpretation or validity of this Agreement, including without limitation the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding and confidential arbitration in Chicago, Illinois, unless the parties agree in writing on a different location. Regardless of the amount in controversy, the arbitration will be administered by JAMS, Inc., pursuant to its Streamlined Arbitration Rules & Procedures. In the event of a conflict between such rules and this Agreement, this Agreement will control. The parties will agree within a reasonable period of time after notice is made of instituting the arbitration process whether to use one or three arbitrators, and if the parties cannot agree within fifteen (15) business days, the parties will use a single arbitrator. If the parties cannot agree upon arbitrator(s) within an additional fifteen (15) business days, the arbitrator(s) will be selected by JAMS. However, no arbitrator may be appointed unless and until he/she has agreed to these procedures. The arbitrator(s) must be a retired judge or an attorney with at least 15 years of experience in the field of commercial litigation. The arbitrator(s) will apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may authorize only limited discovery upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration will be treated by the parties and the arbitrator as confidential. If it is the prevailing party on any issue or claim in the arbitration, the respondent will be awarded its reasonable attorney’s fees and arbitration costs by the arbitrator(s). Otherwise, the parties will share the costs of arbitration equally. In no event will claimant be awarded its attorney’s fees or arbitration costs. The final award must be delivered by the arbitrator(s) within one year of the initial demand (or less) absent written agreement by the parties to the contrary. None of the time limits in this Section are jurisdictional. Any award will be accompanied by a reasoned opinion describing the basis of the award. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
No Class Actions
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Capacity Systems LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Waiver and Severability
Equal Employment Opportunity
Capacity Systems LLC abides by the principles of equal employment opportunity. In accordance with law, the firm recruits, hires, trains and promotes individuals without regard to race, color, creed, religion, sex, age, national origin, sexual orientation, gender identity and/or expression, veteran’s status, disability, genetic information or status within any other protected group. For personnel actions such as compensation, benefits, promotions or transfers, only valid position-related requirements are considered. Continuing professional education and social and recreational programs are planned in accordance with equal opportunity standards.
An individual, who has a physical or mental disability which substantially limits one or more major life activity, is provided the same opportunities accorded other individuals in all areas of employment, provided the individual is otherwise able to perform the essential functions of the position.
Capacity Systems LLC and its subsidiaries (collectively, “Capacity” or “us” or “our”) provide logistics brokerage services to private and publicly traded businesses as well as to individuals. This Privacy Statement outlines our general policy and practices for protecting personal information that we collect through our Web site at www.capacitysystems.com and other Web sites (each, a “Site”) that we operate and which post this Privacy Statement. This Privacy Statement explains the types of information we gather through our Sites, how we use that information, and the rights individuals may exercise in relation to that information.
By submitting personal information to us, you consent to our use of such personal information in accordance with this Privacy Statement.
Notice, Choice and Use
In order to use this Site, you do not need to submit or provide any personal information. You may voluntarily provide us with personal information. Personal information that you may submit to Capacity includes, without limitation, your name, job title, address, email address, credit or debit card information, screen name, telephone and fax number, and other personal information.
Typically, personal information is used in the following circumstances:
- Registration for access to certain areas of the Site
- Subscribing to or ordering newsletters, media alerts and/or publications
- Submission of resumes or work history information
- Participation in bulletin boards, discussion or message forums
- Responding to quick surveys, quizzes, or benchmarking surveys
- Registration for events (e.g., webcasts or seminars) and conferences
- Registration for online services
- Contacting Capacity for further information
Capacity does not intend to actively seek sensitive personal information (also known as special category personal data), except for in limited cases in connection with our recruitment or hiring activities. Sensitive personal information includes, without limitation, data related to race or ethnic origin, political opinions, religious or philosophical belief, trade union membership, medical or health information, sex life or sexual orientation or criminal record (including suspected criminal activities). By providing such sensitive personal information, you explicitly consent to Capacity’s use of that information in accordance with this Privacy Statement or as otherwise agreed upon at the time of disclosure.
We may use the personal information you submit through the Site for Capacity’s business purposes, including without limitation, to manage your requests, to improve the Site or services offered, to process payment, send you administrative information or notices, send you information about our services, events, and other relevant information, and any other purpose stated at the point of collection.
If you apply for job openings through our Sites, we may use the personal information you submit to process and evaluate your application for employment and to communicate with you about employment opportunities. We may also retain and use this information to identify and communicate with you about future potential employment opportunities with us. If we elect to make an offer of employment, this information may become part of the employee file and may be used for other employment and work-related purposes.
Cookies and Similar Technologies
As is the case with many commercial Web sites, Capacity may automatically log certain information about user access to the Site, which may include a user’s internet protocol address, browser type, internet service provider, referring/ exit pages, operating system, as well as date and time stamps. We also use “cookies” which are small data files stored on a user’s computer to enhance your on-line experience when visiting our Site. The use of “cookies” is common practice for most Web sites; however, most Web browsers include settings that allow users to decline cookies.
Most Web browsers will allow you to see what cookies you have and delete them on an individual basis or block cookies from particular or all websites. Be aware that any preference you have set will be lost if you delete all cookies, including preference to opt-out from cookies as this itself requires an opt-out cookie to have been set. If you wish to restrict or block the cookies which are used on the Site, you can do this through your browser settings.
In addition, you can opt-out of having your anonymized browsing activity within sites recorded by analytics cookies. We may use Google Analytics and you can learn more about their privacy policies and how to opt-out of their cookies by clicking on the following link: http://www.google.com/analytics/learn/privacy.html
Do Not Track Signals
Some Web browsers incorporate a “do-not track” or similar feature that signals to Web sites with which the browser communicates that a visitor does not want to have his or her online activity tracked. As of the Effective Date of this policy, not all browsers offer a “do-not-track” option and “do-not-track” signals are not yet uniform. The Site does not currently respond to “do-not-track” signals or other similar features.
Disclosures and Transfers
Capacity may transfer or disclose collected personal information to third-party service providers, subcontractors, and/or other Capacity affiliated companies for the purpose of managing your request, administration and management of the Site, and/or internal business purposes. Personal information may also be transferred to third-party service providers of identity management, credit card payment processing, website hosting and management, data analysis, data backup, and/or security and storage service. Collected personal information may be transferred to third-parties located in other countries. Capacity will endeavor to take reasonable steps to ensure that such third-parties will provide adequate privacy protection to your personal information. By using the Site, you explicitly consent to the transfer of such data in accordance with this Privacy Statement and as otherwise set forth on the Site.
Additionally, Capacity may disclose personal information to third parties under other circumstances, including, without limitation, the following:
- As required by applicable law, statute, rule, regulation or professional standard, or through subpoena, search warrant or other legal process
- When explicitly requested by you
- When required to deliver publications or reference materials requested by you
- When required to facilitate conferences or events hosted by third parties
Third-Party Sites and Social Media Applications
This website may also host various blogs, forums, wikis and other social media applications or services that allow you to share content with other users (collectively “Social Media Applications”). Any personal information or other information that you contribute to any Social Media Applications can be read, collected, and used by other users of that Social Media Application over whom we have little or no control. Capacity is not responsible for any third party’s use, misuse, or misappropriation of any personal information or other information that you contribute to any Social Media Application.
The security of your personal information is important to us. We seek to use reasonable physical, technical, and administrative safeguards to protect the information we process. However, no method of transferring data over the Internet or storing electronic data is completely secure. Therefore, while we strive to use reasonable and appropriate means to protect your personal information, we cannot guarantee absolute security. By using the Site, you acknowledge that the transmission of data over the internet is inherently insecure and assume all risks associated with such transmission. Further, you acknowledge and agree that Capacity has no control over the security of data being transmitted over the internet.
We process personal information only in ways compatible with the purpose for which it was collected, as subsequently authorized by the individual, or as otherwise permitted by applicable law. By using the Site, you acknowledge and agree to be solely responsible for the accuracy and completeness of the information and data that you provide and submit on the Site.
Access and Correction
Depending on your jurisdiction or the jurisdiction in which the data was collected, you may be entitled to request details regarding personal information about you that we are in possession of. In such instances, we may provide you with the ability to submit a request for access, rectification, erasure, request a copy of your personal information, or to restrict or object to further processing.
You are solely responsible for verifying the ongoing accuracy of the personal information submitted through the Site. If you have an inquiry regarding the accuracy of personal information previously submitted, or have a request to modify such information, please contact us using the contact information below. We will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate. We may limit or deny access to personal information where providing such access would be unreasonably burdensome or inappropriate under the circumstances. All requests to access or change personal information will be handled in accordance with applicable legal requirements.
Visitors who choose to register with this Site may correct and update their user profiles or unsubscribe from certain communications at any time. Visitors who would like to access or change their profiles or would like to request a copy of their personal information should contact us at firstname.lastname@example.org.
We will retain your personal information only for as long as is necessary for the intended purpose, unless a longer retention period is required or permitted by law, regulation, professional standards or our document retention policies.
Merger and Other Business Transitions
In the event Capacity goes through a business transition, such as a merger, or the acquisition or sale of a portion of its assets, your personal information may be among the assets transferred.
Privacy Statement Changes
Capacity reserves the right to amend or modify this Privacy Statement from time to time, as determined at Capacity’s sole discretion, by publishing an update version on the Site. Capacity encourages you to periodically review this Privacy Statement. You can access the most current version of this Privacy Statement on the Site.
Children Privacy Protection
This Site is not intentionally designed for or directed at children 13 years of age or younger. It is Capacity’s policy to refrain from intentionally and knowingly collect or maintain personally identifiable information about children under the age of 13.
If you no longer wish to receive promotional communications from us, you may at any time request that we discontinue sending you such materials by contacting us using the contact information listed below.