Last Modified: April 10, 2019
OSOW shall offer You three different Technology services: 1. A calculator that estimates total trip costs that a driver will incur to haul a load, (the “Calculator”), 2. A permitting system which obtains permits for the drivers in the states in which they will be driving, (the “Permitting System”), and 3. A navigation application that provides drivers with a route that they are allowed to drive on, (the “Navigation”).
The Technology is offered and available to users who are 18 years of age or older. By using the Technology, you represent and warrant that you are 18 years of age or older and that you meet all eligibility requirement(s) set forth herein. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Technology and Account Security
We reserve the right to withdraw or amend the Technology, and any service or material we provide on the Website or on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Technology is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Technology, or all of the Technology, to users, including you and registered users.
You are responsible for and agree to:
- Making all arrangements necessary for you to have access to the Technology.
If you choose, or are provided with, a user name, 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, or use it except as provided herein. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Technology or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular 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.
Intellectual Property Rights
The Technology and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.
The Company owns and retains all proprietary rights in the Technology and the services provided, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Technology contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material in whole or in part, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Technology or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not and agree not to:
- Modify copies of any materials from this Technology.
- Delete or alter any copyright, trademark, or other proprietary rights notices or markings from copies of materials from this Technology.
You must not access or use for any commercial purposes any part of the Technology or any services or materials available through the Technology.
If you wish to make any use of material from the Technology, other than that set out in this section, please address your request to: Help@osow.io
The Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You agree not use such marks without the prior written permission of the Company. Any and all other names, logos, product and service names, designs, and slogans in the Technology are the trademarks of their respective owners.
- 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 the purpose of 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, which may be withheld in our sole discretion, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Technology, or which, as determined by us, in our discretion, may harm the Company or users of the Technology or expose them to liability.
Additionally, you agree not to:
- Use the Technology in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Technology, including their ability to engage in real time activities through the Technology.
- Use any robot, spider, or other automatic device, process, or means to access the Technology for any purpose, including monitoring or copying any of the material from the Technology.
- Use any manual process to monitor or copy any of the material from the Technology 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 Technology.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Technology, the server on which the Website and/or App are stored, or any server, computer, or database connected to the Technology.
- Attack the Technology via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Technology.
The Technology may contain personal web pages or profiles, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Technology.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution to the Technology, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license and the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Technology.
Monitoring and Enforcement; Termination
We reserve the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Technology.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Technology. YOU RELEASE AND RELINQUISH, WAIVE, INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Technology, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Calculator is made available solely for general information and estimation purposes. We do not warrant 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 user of the Calculator, or by anyone who may be informed of any of its contents and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
The Calculator 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
The information presented on or through the Permitting System is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and it is up to the User to guarantee the accuracy of the information contained in the Permits. 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 user of the Permitting System, or by anyone who may be informed of any of its contents and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
The Permitting System 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
The information presented on or through the Navigation data is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and it is up to the User to guarantee the accuracy of the information contained in the Data. 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 user of the Navigation Data, or by anyone who may be informed of any of its contents and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
This data is provided to You “as is,” and you agree to use it at your own risk. OSOW and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
The Navigation 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and you agree to release us from any and all such liability and waive the right to bring any claim, suit, or action in connection therewith.
Warning: The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official highway maps, the Code of Federal Regulations, and information provided by state governments and other licensors. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.
Changes to the Technology
We may update the content on the Technology from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the Technology 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 Technology
Links from the Technology
If the Technology contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept 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 Technology, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Technology is based in the state of Illinois in the United States. Access to the Technology may not be legal by certain persons or in certain countries. If you access the Technology from outside the United States, you do so on your own initiative and agree to be responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Technology will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, MOBILE PHONE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE TECHNOLOGY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TECHNOLOGY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE TECHNOLOGY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TECHNOLOGY IS AT YOUR OWN RISK. THE TECHNOLOGY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE TECHNOLOGY, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TECHNOLOGY 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 TECHNOLOGY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TECHNOLOGY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, 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 TECHNOLOGY, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE TECHNOLOGY 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This Technology is operated by Oversize Overweight Services LLC.
All other feedback, comments, requests for technical support, and other communications relating to the Technology should be directed to: firstname.lastname@example.org
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