DISCLAIMER: Every J2 Logistics report is subject to our Terms and Conditions which impose significant limitations on your remedies against J2 Logistics in the event of a dispute relating to your order. Please read them carefully.
Every J2 Logistics Report and the information contained therein is based solely upon the lay observations and opinions of the individual or individuals who process your order and complete the report. None of these individuals are experts in any field, nor are they professional photographers. Your personal observations and opinions might differ from those contained in your J2 Logistics Report. The photographs contained in your report may differ from photographs that would be taken by a professional photographer.
We do not check ownership or title to any item or property. Your report should not be considered a recommendation that you should or should not bid on or purchase an item or property, nor should it be the sole basis upon which you might make any important decision. Unless we specifically agree in writing otherwise at the time you place your order, we do not perform appraisals or issue value opinions of any kind, and any such information contained in your J2 Logistics report should be not be relied upon for any purpose. We do not determine whether an item is authentic or fake.
The Inspector may ask the seller to demonstrate that the item is in basic working order (if applicable). The Inspector, however, is not an expert, and will not perform any tests. Only the most basic functions which the seller chooses to demonstrate will be observed. For example, a vehicle has many features and functions. We will not ask the seller to demonstrate each one. We will ask the seller to power-up the engine and, for example, turn on the headlights and activate the turn signals.
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND J2 Logistics, LLC (“J2 LOGISTICS,” “WE,” “US,” “OUR,” ETC.), THE OWNER AND OPERATOR OF THE WWW.J2 LOGISTICS.COM WEBSITE (THE “SITE”) AND THE RELATED J2 LOGISTICS MOBILE APPLICATIONS (“MOBILE APPLICATIONS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND MOBILE APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF GOODS OR SERVICES OF J2 LOGISTICS. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS OR SERVICES FROM J2 LOGISTICS.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
- Use of Site. J2 Logistics, LLC may add to, change or remove any part of the Site or related Mobile Applications, including, without limitation, any Content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”) therein, at any time without prior notice to you.
OUTSOURCED PROVIDER. This section is only applicable if J2 Logistics uses Outsourced Provider services, as outlined below. If J2 Logistics uses an outsourced provider (“Outsourced Provider”) which, for the purposes of this Agreement, shall be acting as an authorized agent of J2 Logistics in connection with Client’s permissible use of J2 Logistics Inspection Reports and other services. J2 Logistics shall require, by written agreement, its Outsourced Provider to comply with all terms of this Agreement applicable to Client (including, without limitation, compliance with all Laws with respect to the access, retention, destruction and use of Inspection Reports; protection of the confidentiality of J2 Logistics Confidential Information; and prohibition against re-using, and/or reselling Inspection Reports). Client authorizes J2 Logistics to deal directly with the Outsourced Provider as Client’s authorized agent, and as between Client and J2 Logistics. The Outsourced Provider shall perform its services onsite at Client’s Applicant location site provided by Client. Client acknowledges that, due to statutory and/or contractual obligations and restrictions, some J2 Logistics services may not be available through an Outsourced Provider relationship and, of those that are available, some may require additional paperwork from Client and/or Outsourced Provider.
VEHICLE CONDITION REPORTS; VERIFICATION SERVICES; PROFESSIONAL SERVICES.
- Vehicle Condition Reports. Client acknowledges and agrees that Vehicle Condition Reports (“VCRs”) and related information are considered Inspection Reports (“IR”) for purposes of this Agreement. If Client requests VCRs or related information from J2 Logistics under this Agreement, then Client acknowledges and agrees that IR is a general assessment of vehicle and related information. Client agrees that: (i) it will not use the VCRs to build its own database; and (ii) it will, from time to time upon J2 Logistics request, execute paperwork required by applicable state Departments of Motor Vehicles and/or other data sources for Client’s access to VCRs.
- Verification Services. Verification Services include but are not limited to, data provided for purpose of verifying information provided by Applicants, such as Driver’s license, Business premises, Equipment specification, or Vehicle specification. Verification Services do not include consumer credit information or other types of information subject to the permissible purposes set forth in the FCRA. If Client obtains Verification Services from J2 Logistics, Client shall comply with the following requirements and restrictions: (i) Client will not, directly or indirectly, sell, transfer, disclose the contents of or distribute Verification Services, in whole or in part, to any third-party (other than to the applicable Applicant), and Client shall use the Verification Services solely as an end-user, for a single, one-time use with respect to an Applicant; (ii) Client’s sole purpose for requesting Verification Services will be to verify the accuracy and completeness of information provided to Client by the Applicant in connection with the transaction or services agreed between Applicant and Client; (iii) Client will limit its use of Verification Services to the foregoing stated purpose; (iv) Client will take appropriate measures so as to protect against the misuse of the Verification Services; (v) Client will not use any information obtained in connection with the Verification Services, in whole or in part, for the purpose of serving as a factor in determining the Applicant’s eligibility for credit, services or any other product, service or transaction; (vi) it will comply with all applicable Laws related to the use and review of Applicant identity; and (vii) Client will not use the information provided in connection with the Verification Services for any purpose that would violate applicable law, rule, or regulation.
- Professional Services. J2 Logistics fees correspond to J2 Logistics standard technology, product and service offerings, and exclude any customized technology development, training, reporting, product features and service levels. Should Client desire (and J2 Logistics agree to provide) such customization, the parties shall set forth the corresponding terms and fees in a mutually acceptable written statement of work, addendum or amendment.
AFFILIATE ORDERING RIGHTS. Upon J2 Logistics receiving authorization from Client in a form reasonably acceptable to J2 Logistics, J2 Logistics will permit an Affiliate of Client to order J2 Logistics services under the same terms and conditions as this Agreement, provided that: (i) the Affiliate is neither an existing customer nor a competitor of J2 Logistics, (ii) the Affiliate satisfies J2 Logistics standard account access credentialing requirements, and (iii) the Affiliate executes a mutually acceptable “join-on” agreement, or equivalent, that binds both J2 Logistics and the Affiliate to the terms of this Agreement, and includes a compliance certification from Affiliate reasonably acceptable to J2 Logistics. For purposes of this provision, “Affiliate” means any entity controlling, controlled by or under common control with Client If affiliate operates independently as a separate entity then they will need to have their own account.
- Confidential Information Defined. Pursuant to this Agreement, each party (“Disclosing Party”) may disclose or make available to the other party (“Receiving Party”), whether orally or in physical form, non-public confidential or proprietary information concerning the Disclosing Party and its business, products and/or services, including, without limitation, its software; systems and technology; product and service specifications, methodologies and strategies; pricing; Inspection Reports; invoices; and trade secrets and other intellectual property (collectively, “Confidential Information”). Confidential Information does not include information that: (i) was rightfully in the possession of the Receiving Party prior to disclosure by the Disclosing Party; (ii) was or is independently developed by the Receiving Party without use of the Confidential Information; (iii) is now or hereafter becomes generally available to the public other than as a result of disclosure by the Receiving Party in violation of this Agreement; or (iv) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party and such source is not, to the best of the Receiving Party’s knowledge, under any obligation to keep such information confidential.
- Duty of Confidentiality. The Receiving Party agrees: (i) to keep confidential and hold in strict confidence the Confidential Information; (ii) to take all reasonable precautions to protect the confidentiality of the Confidential Information (which precautions shall be no less than those employed by the Receiving Party to preserve the confidentiality of its own confidential materials and information); (iii) that it will not, without the prior written consent of the Disclosing Party, or in conjunction with a Required Disclosure, disclose any portion of the Confidential Information to any third party; (iv) not to copy or reproduce the Confidential Information, except as reasonably required for the purposes contemplated in this Agreement (in which case Receiving Party will ensure that any confidentiality or other proprietary rights notices on the Confidential Information are reproduced on all copies); (v) not to reverse engineer or disassemble any products, technology or tangible objects that utilize or contain such Confidential Information; and (vi) to return and/or destroy all Confidential Information of the Disclosing Party upon request.
- Required Disclosures. If the Receiving Party is requested in any judicial or administrative proceeding or by any governmental or regulatory authority (whether by depositions, interrogatories, requests for information or documents, subpoenas, civil investigative demands, or similar processes) or otherwise required by applicable Laws to disclose the Confidential Information (collectively, a “Required Disclosure”), the Receiving Party may make such disclosure, provided it uses reasonable efforts to give prompt written notice, as soon as practicable, to the Disclosing Party of such required disclosure so that Disclosing Party may seek an appropriate protective order. Notwithstanding anything to the contrary above, J2 Logistics shall not: (i) be restricted from disclosing to Applicants their Inspection Reports and file information in accordance with applicable laws, (ii) be restricted from disclosing Confidential Information to the extent necessary to perform its obligations under this Agreement, or (iii) be required to destroy, erase or return any Inspection Reports or related Applicant data in J2 Logistics files.
- No Offer. Nothing on this Site or related Mobile Applications shall be construed as an offer or promise to make any J2 Logistics service or product or the services or products of any third party available to you. By acquiring the self-reported information you enter and allowing the entry of your order, neither J2 Logistics nor associated third parties are attempting to sell services or products in any jurisdiction in which we or they are not authorized to do so.
- Right to Refuse Service or Cancel Order. We are not obligated to accept any order or request for an inspection or other services. We reserve the right to refuse service or to cancel any order for any reason at any time. If we cancel an order for any reason other than your breach of this agreement, we will refund any payment you made.
- Order Fulfillment. We make every reasonable effort to issue your inspection report within the estimated timeframe quoted for your order, and most orders should be completed within that period. However, because our ability to do so is often dependent on a variety of factors such as, for example, order volume in the area, or difficulty in making arrangements to meet with a seller or other necessary party, we cannot guarantee that the inspection report will be completed and available to you within that time frame or within any specific time frame.
- Cancellation, Refund Policy. If you cancel your order and notify us via telephone at (301) 909-5572, or via email to [email protected], before the inspector has started to travel to the inspection site, we will refund the amount you paid minus a $25.00 cancellation fee. Once an inspector has claimed an assignment a $45.00 cancellation fee applies. Once an inspector has started to travel to the inspection site, however, there are no refunds.
- No-Shows. If the inspector arrives at the inspection site and the seller or other parties who have agreed to meet us is not there or does not have the item or property available for the inspection, you will be charged a no-show fee equal to one-half of the total fee for the order.
- Use of subcontractors. We may, without notice, delegate, assign, or subcontract the inspection service to any person, entity, agent, independent contractor, or subcontractor. J2 Logistics’s Inspectors are independent contractors, subcontractors of J2 Logistics, LLC.
- Authorized Communications. No person other than the person who places the order shall be entitled to issue instructions or in any way communicate with J2 Logistics regarding the order. In order to minimize the opportunity for miscommunication, you may not communicate directly, by any means, with your Inspector.
- Entry Upon Private Property. If fulfillment of your order requires us to enter upon private property, YOU ARE SOLELY RESPONSIBLE FOR OBTAINING THE CONSENT AND PERMISSION OF ALL LEGALLY NECESSARY PARTIES (OWNER, TENANT, ETC.) AND PROVIDING CONFIRMATION THEREOF TO US. You hereby indemnify and hold us harmless for any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever we might suffer in connection with entry upon private property at your request in fulfillment of your order. You agree to provide written documentation of ownership or other rights if we so request.
- No Warranty. The Inspectors work very hard to make sure that the information they report to you is accurate and complete. However, there is no warranty as to the information in the report you receive. In addition, because we typically do not take possession of the item or property we have no control over substitutions or changes that could possibly occur after the inspection is made. We provide no warranty for any alterations, changes in condition, or damages to the property being inspected that occur subsequent to the inspection. J2 Logistics, LLC does not guarantee or warrant the condition or operation of any item or property upon delivery to you. You are also bound by the provisions of the Disclaimer found elsewhere on this website.
- Not Experts; No Authentication. Every J2 Logistics Report and the information contained therein is based solely upon the lay observations and opinions of the individual or individuals who process your order and complete the report. You understand that the person or persons that perform the J2 Logistics service for you are not experts in any field, and neither possess nor apply any special or specific skill, knowledge, or expertise to their observations and report. Your personal observations and opinions might differ from those contained in your J2 Logistics Report. The photographs contained in your report may differ from photographs that would be taken by a professional photographer. We do not determine whether an item is authentic or fake. We do not perform appraisals or issue value opinions of any kind, and any such information contained in your J2 Logistics Report should be not be relied upon for any such purpose. The Inspector may ask the seller to demonstrate that the item is in basic working order (if you ordered that service). The Inspector, however, is not an expert, and will not perform any diagnostic tests. Only the most basic functions which the seller chooses to demonstrate will be observed. For example, a vehicle has many features and functions. Unless otherwise agreed by us in writing as a part of your order, we will not ask the seller to demonstrate each function or any specific feature.
- Scope of Order. J2 Logistics is under no obligation to report any facts, observations, information or events that are outside of the express scope of the order and which are not included in the services offered by us as described on this site or otherwise agreed to by us in writing.
- No Endorsement or Recommendation. Nothing contained in a report that we issue, or what we might say to you, constitutes a recommendation to bid or purchase or not to bid or purchase, or an endorsement or recommendation of any kind whatsoever.
- Scope of Auto and Other Vehicle Inspection Services. The type of information you will receive when you order an auto or other types of vehicle inspection report depends upon the type of inspection you request, and the types of inspections that we offer are listed and explained on this website. J2 Logistics is under no obligation to provide any data or information in any form, report any facts, observations, or events that are outside of the express scope of the accepted order you place, or which are not included in the services offered by us as described on this website.
While it is possible that the person who performs your inspection might happen to be, or once have been, a certified automotive technician, you understand that the person that performs the inspection service for you may not be so certified, or ever have been, and may not be an expert in any field, and neither possesses nor applies any special or specific skill, knowledge, or expertise to his or her observations. The observations made and reported to you reflect the inspector’s, or our, personal lay observations and opinions based upon the observations made by the inspector at the time the inspection was made, or by us when compiling the inspection report. The inspection will not be a safety inspection or a substitute for any safety, emissions, or other inspection required by law. The inspector will not perform and diagnostic tests that would be performed by an automotive or other technician or mechanic. We do not determine whether a vehicle or any portion thereof is authentic or fake. We do not appraise or provide advice on the value of any vehicle.
Our inspectors work very hard to make sure that the information they report to you is accurate and complete. However, there is no warranty as to the information in the report you receive. Sometimes inspectors make mistakes. Factors beyond our control, such as weather conditions, cleanliness of the vehicle, lighting conditions, whether the car is wet or dry, and others may reduce the accuracy of the inspection and the clarity of photos and videos. For example, such factors may cause the inspector to fail to detect repainting or bodywork issues. The inspector will not clean or disassemble the vehicle or take other steps to mitigate these factors. Unless you order a custom inspection, and request that the inspector look at the registration certificate, owner’s manual, or any maintenance records that are made available to the inspector at the time of the inspection, and we accept your custom order request and agree to do so in writing, the inspector will not be required to do so. In addition, we have no control over substitutions or changes that could possibly occur after the inspection is made. We are not responsible for any alterations, changes in condition, or damages to the vehicle being inspected that occur subsequent to the inspection. J2 Logistics, LLC does not guarantee or warranty the condition or operation of any vehicle upon delivery to you. The inspection report is also subject to the provisions of the Disclaimer found elsewhere on this website.
- Title and Liens. J2 LOGISTICS DOES NOT VERIFY, CHECK, CONFIRM, REPRESENT, WARRANT, OR GUARANTEE THAT THE SELLER OR PERSON IN POSSESSION AT THE TIME WE PERFORM THE INSPECTION HAS LEGAL TITLE, OWNERSHIP, OR LEGAL POSSESSION OF THE ITEM OR PROPERTY INVOLVED. WE DO NOT CHECK FOR LIENS OR OTHER ENCUMBRANCES.
- Third-Party Links. This Site and related Mobile Applications might contain references or links to other websites owned or operated by third parties. These references and links do not constitute endorsements, advice, referrals, or recommendations by J2 Logistics regarding such third party sites, products, or services. We reserve the right to disable any link to this Site and related Mobile Applications which has not been authorized by us. The J2 Logistics Parties do not provide any warranty as to the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. You may choose to use or not use them at your sole discretion. You agree that J2 Logistics is not responsible, and you shall indemnify and hold us harmless from and against any economic claims, actions, damages, losses, liabilities, costs, or expenses, of whatsoever kind or nature, including, without limitation, attorney’s fees and costs of defense, arising out of your use of any third-party website or purchase or use of any third-party product or service.
- Pass-through Expenses. The customer agrees to pay applicable reimbursable direct expenses incurred by inspectors as part of performing an inspection including but not limited to tolls, postage, and copy fees. Pass-through expenses shall be verified with a copy of a receipt from the inspector and billed at cost to the Customer.
- Travel Fees. A travel fee may be assessed in remote, hard to reach, or restricted access areas such as but not limited to Indian reservations, military bases, mountainous locations, islands, or locations with limited population densities. Approval for any such fees shall require Customer approval or the order can be canceled.
- Multiple Trip Fees. A multiple trip fee may be assessed in instances in which, due to onsite contact conflicts or no-shows, a return trip is required.
- Sales and Other Taxes. You agree to pay all applicable sales, use, excise, or other taxes applicable to your order.
- User Name and Password. You are solely responsible for your user name and password and maintaining the security thereof, and J2 Logistics is not responsible for any economic claims, actions, damages, losses, liabilities, costs, or expenses you suffer by reason of unauthorized use of your password by others.
- Proprietary Rights. Everything on this Site and related Mobile Applications, including but not limited to all of its content, data, text, graphics, sounds, videos, and logos is protected by trademark, service mark, copyright, patent, trade secret, or by other law, and is the property of J2 Logistics, LLC or other parties. Nothing herein shall be construed to create rights of any kind in any third parties. You may use the Site and related Mobile Applications to learn about, evaluate, or purchase J2 Logistics services or products. You may not use our Site and related Mobile Applications for any other commercial purpose. You shall not reverse engineer J2 Logistics Site and related Mobile Applications or any portion thereof, or the programming code connected therewith, or assist others in doing so.
- Prohibited Use of Site. You shall not post or transmit anything on this Site and related Mobile Applications which violates any applicable law or regulation, or creates any criminal or civil liability of any kind whatsoever including but not limited to any obscene, pornographic, libelous, slanderous, defamatory statements, information, or other illegal materials. You agree to use J2 Logistics.com and related Mobile Applications only for lawful purposes. We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of any of the J2 Logistics Parties, its users or service providers. We reserve the right but do not have the obligation, to monitor your use of this Site and related Mobile Applications and to restrict or terminate your use of the Site and related Mobile Applications or modify or remove any information found on the Site and related Mobile Applications for any reason whatsoever in our sole discretion.
- User Name and Password. You are solely responsible for your user name and password and maintaining the security thereof, and J2 Logistics is not responsible for any claims, damages, or losses you suffer by reason of unauthorized use of your password by others.
- Feedback, Grant of License. If you send feedback to us (comments, questions, documents, suggestions, etc.) you hereby grant us the absolute perpetual and non-revocable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us, including but not limited to modifying, publishing, distributing, exploiting and/or using such feedback in the development, manufacturing, and marketing of new products and services.
WARRANTIES AND DISCLAIMERS
- WARRANTY DISCLAIMER. THIS SITE AND RELATED MOBILE APPLICATIONS, AND EVERYTHING ON IT OR ACCESSIBLE THROUGH IT, INCLUDING OTHER SITES ACCESSIBLE THROUGH THIS SITE AND RELATED MOBILE APPLICATIONS, AND THE SERVICES PROVIDED BY J2 LOGISTICS, LLC, ARE PROVIDED STRICTLY ON AN AS-IS AND AS-AVAILABLE BASIS. J2 LOGISTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF TITLE TO GOODS OR PROPERTY, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE AND RELATED MOBILE APPLICATIONS, THAT ACCESS TO OR OPERATION OF THE SITE AND RELATED MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR FREE OR DEFECTS OR ERRORS, OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE AND RELATED MOBILE APPLICATIONS OR ANY THIRD PARTY SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, J2 LOGISTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND RELATED MOBILE APPLICATIONS IS AT YOUR OWN RISK. J2 LOGISTICS IS RESPONSIBLE ONLY FOR WHAT WE DIRECTLY PROVIDE TO YOU, AND ONLY TO THE EXTENT PROVIDED IN THESE TERMS AND CONDITIONS. WE ARE NOT RESPONSIBLE FOR AND DO NOT MAKE REPRESENTATIONS OR PROVIDE WARRANTIES OF ANY KIND FOR ANY GOODS, SERVICES, OR ANYTHING ELSE PROVIDED TO YOU BY OTHERS THAT YOU REACH VIA OUR WEBSITE. THIS PROVISION SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW.
- OUR MAXIMUM LIABILITY; EXCLUSION AND LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY IN THE AGGREGATE OF J2 LOGISTICS, LLC, ITS OWNERS, OFFICERS, EMPLOYEES, MEMBERS, STOCKHOLDERS, PARTNERS, DIRECTORS, MANAGERS, AGENTS, SUBCONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (HEREINAFTER, THE “J2 LOGISTICS PARTIES,” WHICH SHALL REFER TO ANY ONE, MORE, AND ALL OF THEM) TO YOU OR ANY OF YOUR FAMILY MEMBERS OR PASSENGERS IN ANY VEHICLE FOR ANY and all claims, actions, damages, losses, liabilities, costs, or expenses, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE WEBSITE OR ANY SERVICES PROVIDED BY US, INCLUDING THE MOBILE APPLICATIONS, SHALL BE THE AMOUNT OF THE INSPECTION FEE PAID BY YOU TO J2 LOGISTICS OR $100. NONE OF THE J2 LOGISTICS PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY OF YOUR FAMILY MEMBERS OR PASSENGERS IN THE VEHICLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITY COSTS, LOSS OF USE, OR LOSS OF BUSINESS, EVEN IF ANY OR ALL OF THE J2 LOGISTICS PARTIES WERE NOTIFIED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW.
THE PROVISIONS OF THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, OR TYPE OF claim, action, damage, loss, liability, cost, or expense, REGARDLESS OF WHETHER IT BE AN ACTION IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR BASED ON CONTRACT, STATUTE, OR ANYTHING ELSE.
- Ownership and Use of Information and Reports; Copyright. You may use the report you order only for your own personal non-commercial use. You shall not trade, barter, publish (in any form via any media whatsoever), sell or resell any report, data, or information obtained or purchased by you from J2 Logistics to any person or entity whatsoever without J2 Logistics’s prior written consent. J2 Logistics shall not be liable to anyone with whom you share the report or the information therein contained, and you shall defend, indemnify, and save harmless the J2 Logistics Parties from any and all economic claims, actions, damages, losses, liabilities, costs, expenses, of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses, incurred by the J2 Logistics Parties arising out of or in connection therewith.
J2 Logistics may resell, license, or authorize the use of the report you ordered and purchased, and any of the data and information contained therein, to others upon any terms and conditions it desires, without notice and without your consent. In such an event, we will remove your personally identifiable information from the report prior to any such use thereof. We may also, without notice and without your consent, enter into agreements or arrangements with sellers or others in which they may be compensated by us for sales of the vehicle inspection report you purchased under an arrangement in which, for example, and without limitation, they have agreed to make the availability of the report known to potential buyers or others.
The copyright to and ownership of, without limitation, all pictures, video, text, copy, data, works, inventions, improvements, concepts, ideas, intellectual property, patent rights, trademarks, trade secrets, and all information in any form, made, conceived, gathered, written, taken, created, developed, performed, or discovered by us (including, without limitation, the inspector) in connection with this agreement, and the inspection report itself (individually and collectively, “J2 Logistics Materials”), shall at all times be owned solely and exclusively by J2 Logistics. To the extent that the J2 Logistics Materials for any reason do not vest solely and exclusively in J2 Logistics as provided herein, you hereby transfer and assign, without limitation, the copyright and all of your right, title, and interest in and to the J2 Logistics Materials to J2 Logistics.
- Indemnification. You shall defend, indemnify, and save harmless the J2 Logistics Parties from any and all claims, actions, damages, losses, liabilities, costs, expenses, including without limitation attorney’s fees and litigation costs and expenses, incurred by the J2 Logistics Parties as a direct or indirect result of any breach by you of these Terms and Conditions, or arising out of or in connection with your willful misconduct, negligent or fraudulent use of this Site and related Mobile Applications, or any other website you enter via a link from this Site and related Mobile Applications, or out of use of or reliance upon the inspection report, to the fullest extent allowed by law. J2 Logistics may, in its sole discretion, defend, compromise, or settle any such or claim or action and you shall be bound thereby. Nothing herein shall be deemed or construed to constitute a limitation or waiver of any other rights and remedies available under these Terms and Conditions, or law, or regulation to J2 Logistics or the other parties indemnified under this section.
ARBITRATION AGREEMENT AND DISPUTE RESOLUTION
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with J2 Logistics and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at [email protected] or J2 Logistics, Attn: Customer Service, 4500 Forbes Blvd., Suite 200, Lanham, MD 20706. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, these terms govern dispute resolution between us.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by J2 Logistics that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and J2 Logistics, and to any of J2 Logistics’s licensors, suppliers, dealers or third-party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
33(a). Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
33(b). Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and J2 Logistics, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and J2 Logistics.
33(c). Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and J2 Logistics in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WEGOLOOK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
33(d). Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Oklahoma City, Oklahoma.
33(e). 30-Day Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to the following address: 4500 Forbes Blvd., Suite 200, Lanham, MD, Attn: Legal Department, within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to these terms. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
33(f). Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
33(g). Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with J2 Logistics.
33(h). Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if J2 Logistics makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the J2 Logistics.
33(i). Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Oklahoma City, Oklahoma for such purpose.
- Assignment; No Third Party Rights. You may not assign any rights or obligations under these Terms and Conditions or arising out of your use of this Site and related Mobile Applications without the prior written consent of J2 Logistics. Our obligations to you under this agreement shall be to you and you only, and nothing herein shall be construed to create rights of any kind in any third parties. J2 Logistics may freely assign or delegate its rights and obligations to any party without notice or consent.
- Copyright Infringement. If you desire to make a claim of copyright infringement, please provide written notification thereof to J2 Logistics under the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2) (DMCA), at J2 Logistics, LLC, 4500 Forbes Blvd., Suite 200, Lanham, MD 20706; (301) 909-5572.
- Entire Agreement. This Agreement is a final expression of the intent of the parties, constitutes the entire agreement and understanding between the parties, and supersedes all prior and contemporaneous oral or written agreements or understandings concerning the settlement described herein. This Agreement may be modified only by a duly executed written instrument signed by the party against whom enforcement of the modification is sought. In the event of a conflict between the J2 Logistics order form and this agreement, this agreement shall prevail.
- Severability. In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal, or unenforceable in any respect, such provisions shall be adjusted rather than voided, if possible, in order to achieve the express intent of the parties to this Agreement; and in any event, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
- Force Majeure. If we are delayed or prevented from the performance of our obligations under this agreement by any act of God, weather conditions, fire or other casualties, computer or telecommunication problems, laws or regulations, war, or any other circumstance beyond our reasonable control, J2 Logistics will be excused from performance of those obligations. In such an event, our only obligation to you will be to refund the inspection fee in full.
- Headings and Captions. The headings and contained in these Terms and Conditions are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
- Forbearance, Waiver. Any failure of J2 Logistics to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by J2 Logistics shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by J2 Logistics in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by J2 Logistics.
- Notices. Any notice given by you in connection with this agreement shall be given in writing and delivered to J2 Logistics as follows (all methods are required): (a) certified mail, return receipt requested to J2 Logistics, LLC, 4500 Forbes Blvd., Suite 200, Lanham, MD 20706, and you must retain the return receipt and provide a copy to us; and you must retain the confirmation report indicating that it was received by J2 Logistics and provide a copy to us; and (b) e-mails to: [email protected] Your notice address shall be any mailing or email address provided by you on the order form you submitted for the inspection.
- Changes to Site and related Mobile Applications. We reserve the right to make changes at our discretion and without prior notice to any portion of this Site and related Mobile Applications including but not limited to content, policies, Terms and Conditions, or any others. Your continued use of this website OR SERVICES INCLUDING THE APPLICATIONS will constitute your acceptance of and agreement to any such changes.