All references to the “Site” may include, individually, all and/or in any combination, www.daseke.com, www.dasekelogistics.com, www.dasekeequipmentsales.com, www.drivedaseke.com, www.dasekedeals.com, www.randrtruck.com, www.steelmantransport.com, www.grouponeinc.com, www.bigfreight.com, www.tenh.com, www.fleetmoversinc.com, www.alabamacarriers.com, www.roadmastergroup.com, www.SLTtrans.com, www.TSMTco.com, www.tristatesecured.com, www.lonestar-llc.com, www.bulldoghiway.com, www.wylietrucking.com, www.spdtrucking.com, www.jgr-inc.com, www.centraloregontruck.com, www.boydbros.com, www.boydlogisticsllc.com, www.wtitransport.com, www.hornadytransportation.com, www.schilli.com, www.schillispecialized.com, www.schillinationalease.com, www.schillidistribution.com, www.belmonttrucking.com, www.builderstransportation.com, www.kelseytrail.com, www.leavitts.com, and/or www.avedaenergy.com, as well as any other web site operated by or on behalf of Daseke, and also includes mobile applications.
By using Daseke Services, you agree to these conditions. Please read them carefully.
When you use Daseke Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Daseke Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF SITE INFORMATION
Daseke designed its Site to meet your needs by providing you with accurate and up-to-date information about Daseke Services across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including but not limited to incorrect statements of prices. Additionally, photographs of any inventory found on the Daseke Site are photographs of the actual inventory; however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the location where a piece of inventory is located to confirm the accuracy of the contents of our Site. Further, Daseke reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.
All content included in or made available through any Daseke Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Daseke or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Daseke Service is the exclusive property of Daseke and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of Daseke. Daseke’s trademarks and trade dress may not be used in connection with any product or service that is not Daseke’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Daseke. All other trademarks not owned by Daseke that appear in any Daseke Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Daseke.
LICENSE AND ACCESS
You may need your own Daseke account to use certain Daseke Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Daseke Services only with involvement of a parent or guardian. Daseke reserves the right to refuse service, terminate accounts, terminate your rights to use Daseke Services, remove or edit content, or cancel orders in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DASEKE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DASEKE SERVICES ARE PROVIDED BY DASEKE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DASEKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DASEKE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DASEKE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DASEKE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DASEKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DASEKE DOES NOT WARRANT THAT THE DASEKE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DASEKE SERVICES, DASEKE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DASEKE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DASEKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DASEKE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DASEKE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Daseke Service, or services sold or distributed by Daseke or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent The Corporation Trust Company, 1209 Orange Street, Corporation Trust Center, Wilmington, Delaware 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Daseke will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
15455 Dallas Parkway, Suite 550
Addison, TX 75001
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Daseke accepts service of subpoenas or other legal process only through Daseke’s national registered agent, The Corporation Trust Company (CT). Subpoenas or other legal process may be served by sending them to CT at the following address:
The Corporation Trust Company
1209 Orange Street
Corporation Trust Center
Wilmington, Delaware 19801
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint to firstname.lastname@example.org.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.