Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
Use of Site. These Terms of Use apply to your access to and use of all or part of this website or mobile application (“Site”) of PAM Transportation Services, Inc. Subsidiaries of PAM Transportation Services, Inc. perform all transportation and logistics services described on this Site. PAM Transportation Services, Inc. is a holding company, and all of its business operations are conducted through its subsidiaries and affiliates. PAM Transportation Services, Inc. does not perform any transportation or logistics services. As used throughout this Site, the terms “PAM,” “the company,” “legal entity,” “the corporation,” “our,” “we” and “us” may refer to PAM Transportation Services, Inc. or one or more of the consolidated subsidiaries of PAM Transportation Services, Inc. All of these terms are used for convenience only and are not intended as a precise designation or characterization of any of the separate companies, each of which is a separate legal entity and manages its own affairs. By accessing or using this Site, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to all of these Terms of Use, do not use this Site.
Changes. PAM reserves the right, at its discretion, to change, modify, add, update, or remove portions of these terms at any time. Information on the Site may be changed or updated without notice. Such modifications shall be effective immediately upon posting. Your continued use of the Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept those changes. As such, you agree to review these terms frequently to ensure you are aware of all terms and policies currently in effect. You represent and warrant that you will fully comply with the Terms and Conditions of Use and the Privacy Policy.
Privacy Policy. The Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our policy.
Rights and Restrictions On Use. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this Site to facilitate mail abuse or Spam. You further agree that you will not use the Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our Site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site without notice or liability.
Linking or Third-Party Sites. PAM makes no representation whatsoever about any other web sites that may be accessed through the Site. When you access a website not managed by PAM through the Site, you acknowledge that it is independent from PAM, that PAM has no control over the content on that website, and that PAM does not sponsor, endorse, or accept any responsibility for the content, or the use, of such website. These links to other internet sites are a convenience to the use, and access to any other internet site is at the user’s own risk.
No link directly to any image or content hosted on the Site or our services, such as an “in-line” linking method, is permitted. Use on your site of any intellectual property, such as trademarks or copyrighted materials, appearing on the Site, including but not limited to, logos, without the prior written consent of the owner of the mark or right is prohibited.
Contributions to Company Site.
PAM may provide an area for users to contribute feedback. When you submit ideas, documents, or suggestions to our Site, you acknowledge and agree that:
- Your contributions do not contain any type of confidential or proprietary information;
- PAM shall not be liable or under obligation to ensure or maintain confidentiality related to such contributions;
- PAM shall be entitled to make use of and/or disclose any contributions in any such manner as it may see fit;
- The contribution shall automatically become the sole property of PAM; and
- PAM is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAM, ITS SUBSIDIARIES, AND THEIR RESPECTIVE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AUTHORIZED REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE WEB SITE. PAM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AUTHORIZED REPRESENTATIVES DO NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
FURTHERMORE, PAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED ON THE SITE. YOU AGREE THAT NEITHER PAM NOR ITS AFFILIATED OR RELATED ENTITIES NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AUTHORIZED REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AUTHORIZED REPRESENTATIVES FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEY’S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THIS WEB SITE, EITHER DURING THIS AGREEMENT OR AFTER TERMINATION, AND/OR ANY SERVICE PROVIDED BY PAM. THE ENTIRE LIABILITY OF PAM, ITS SUBSIDIARIES, AND THEIR RESPECTIVE EMPLOYEES, AND AUTHORIZED REPRESENTATIVES, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR $5.00. PAM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGE THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Intellectual Property and Copyright Notice. This Site is controlled and operated by PAM. Our proprietary software, and our materials on this Site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Site or owned by other parties who have licensed their Intellectual Property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You are authorized to view and access the content available on or from the Site solely for your personal use. Except as expressly authorized herein, material from this Site and from any other website owned, operated, controlled, or licensed by PAM may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of PAM’s Intellectual Property in any form without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. The use of materials on the Site may not be used for commercial benefits without the express written consent of PAM.
Minors. PAM does not knowingly collect information from anyone under the age of 16. This Site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this Site under the supervision of an adult.
Indemnification. You agree to indemnify PAM and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your breach or violation of any of the provisions of the Terms of Use.
Choice of Law and Jurisdictional Issues. This Site is controlled and operated by PAM from its offices within the State of Arkansas, United States of America. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.
This Terms and Use agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any principles of conflicts of law. Any action you, any third party, or PAM may bring to enforce the Terms of Use or, in connection with, any matters related to the Site shall be brought only in the state of Federal Courts located in Arkansas, and you expressly consent to the jurisdiction of said courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment and Succession. You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, PAM its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Complete Integration. This Terms and Use agreement, including the documents referenced by and incorporated into this document, form the complete agreement between you and PAM and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this website. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about these Terms and Conditions of Use, please contact us at (800) 879-7261.
