SITE USE POLICY

This Web site (the “Site”) is sponsored and operated by Barney Trucking, LLC (“Barney Trucking”). This is a contract between you and Barney Trucking. Sometimes, Barney Trucking is referred to as “we,” “us” or “our.” This contract applies to any Barney Trucking products or services that you purchase or use. All of our products and services are referred to in this contract as the “Service.”

1. USE OF THE MATERIALS AND ACCEPTANCE OF TERMS. Barney Trucking authorizes User to access and use the Service on this Site solely for your personal, noncommercial, and informational use. Special rules may apply to the use of certain Services that are provided on the Site. These special rules are listed as notices detailing the legal constraints on the Users use of the Site (the “Legal Notice”), and are incorporated into this Agreement by reference. All rights not expressly granted by Barney Trucking are herein expressly reserved.

By using this Site or by clicking “I Agree” to this Agreement, you (the “User”) signify your agreement to all terms, conditions and qualifications of this Agreement. If you do not agree to this Agreement, do not use this Site and do not click “I Agree.” Please check this Agreement periodically for changes as Barney Trucking reserves the right to amend this Agreement and your continued use of this Site following the posting of any changes to this Agreement, and any of the other posted notices or policies, constitutes acceptance by you of such changes. Barney Trucking reserves the right to terminate your use of this Site at any time and for any reason without notice.

Please note that we do not provide warranties for the Service.
This contract also limits our liability. These terms are detailed in Paragraphs 12, 13 and 14 and we ask you to read them carefully.

2. AGE OF USER. We can accept personal information from individuals 18 years old or older. If you are under 18 years of age, you may only use this Site with consent of a parent or guardian.

3. POLICIES. Please review our policies, which are part of this contract and include our Privacy Policy which identifies our use of your private information and our Application Policy.

COMMUNICATIONS, USER SUBMISSIONS, AND NOTIFICATION PREFERENCES. By entering your email address, you consent to receive communications from us. Our communications to you will be via email. Generally, any communication that User posts to the Site or sends to Barney Trucking is non-confidential. If a particular web page permits the submission of communications that will be treated by Barney Trucking as confidential, that fact will be stated in a Legal Notice on that particular web page. By posting communications to the Site or sending a communication to Barney Trucking, User automatically grants Barney Trucking a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

User is responsible for User’s own communications and is responsible for the consequences of User posting information or other communications. User acknowledges that: (1) User has no expectation of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between Barney Trucking and User by reason of User transmitting a communication to any portion of the Site. Users must not nor assist any other individual or entity to do any or all of the following:

  1. post or send material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner to post or send it;
  2. post or send material that reveals trade secrets, unless User owns them or has the permission of the owner;
  3. post or send material that infringes on any other intellectual property rights of others, on the privacy or publicity rights of others, or is otherwise illegal under any cause of action;
  4. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  5. post or send a sexually-explicit image;
  6. post or send advertisements or solicitations of business;
  7. post or send chain letters or pyramid schemes;
  8. impersonate any person or entity;
  9. use this Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting or sending of repetitive text);
  10. violate any applicable local, state, national or international law;
  11. delete or revise any Material; or
  12. manipulate or otherwise display the Site by using framing or similar navigational technology.

4. INTELLECTUAL PROPERTY. You acknowledge that all content of this Site and all materials available at this Site, such as text, graphics, pictures, images, software, logos, icons, downloads, multimedia materials, and data (the “Materials”), are the property of Barney Trucking and are protected by United States and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws, except for those materials that are owned by the public, the government, or any third party, and, as between Barney Trucking and you, are owned exclusively by Barney Trucking. User acknowledges that User does not acquire any ownership rights in the Materials by downloading or accessing the Materials. The compilation of Materials on this Site is the exclusive property of Barney Trucking and is protected by those same laws.

User may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, reproduce, display, publicly perform, distribute, or otherwise use or exploit the Materials in any way for any public or commercial purpose. User agrees not to assign, transfer or sublicense User’s rights to access the Materials and the Services on the Site, whether free or any fee-based access to Materials and Services. As such, the use of the Materials on any other Site or in a networked computer environment for any purpose is prohibited.

The name “Barney Trucking,” is protected by law. The domain name BarneyTrucking.com and any other Internet domain names owned by Barney Trucking are also protected by applicable law.

User agrees not to use any trademarks, service marks, names, logos, or other identifiers of the Site, Barney Trucking, or Barney Trucking’s employees, licensors, independent contractors, providers and affiliates (collectively, the “Affiliates”) without the prior written permission of Barney Trucking or the relevant Affiliate. In addition, User may not use Barney Trucking or the Affiliates trademarks:

  1. in, as, or as part of, User’s own trademarks or those of any third parties;
  2. to identify products or services that are not those of Barney Trucking and the Site;
  3. in a manner likely to cause confusion; or
  4. in a manner that implies inaccurately that Barney Trucking or the Site sponsors, endorses, or is otherwise connected with, User’s own activities, products and services or those of third parties.

5. LIMITED LICENSE TO ACCESS AND USE SITE. You agree to not make any false or fraudulent statement(s) in your use of, or to gain access to, this Site. As a User, you are granted a limited, revocable, personal, non-transferrable and non-exclusive license to use this Site, subject to the terms of this Agreement and instructions on this Site. You are also granted a limited, revocable, personal, non-transferable and non-exclusive right to create a hyperlink to any page of this Site so long as the link does not portray this Site or any Barney Trucking products or services in a false, misleading, derogatory or offensive manner.

6. USE OF SERVICE. In using the Service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • obey our anti-spam policy;
  • keep your account password secret; and
  • promptly notify us if you learn of a security breach related to the Service.

7. HOW YOU MAY NOT USE THE SERVICE. You may not:

  • use the Service in a way that harms us or our Affiliates, or any of our other customers;
  • use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  • use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by us, or “meta-searching”);
  • use any unauthorized means to modify or re-route, or attempt to modify or re-route the Service;
  • damage, disable, over-burden, or impair the Service (or any network connected to the Service) or interfere with anyone’s use or enjoyment of the Service;
  • re-sell or re-distribute the Service or any part of the Service;
  • download (other than page-caching) or modify this Site, or any portion of it, except with our express written consent;
  • use, reproduce, duplicate, copy, sell, license, visit or otherwise exploit the Site for any commercial purpose;
  • sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any of the content;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout or form) of this Site;
  • use any meta tags or any other “hidden text” utilizing the Barney Trucking name or trademarks without our express written consent;
  • create a mirror version of this Site;
  • re-transmit any files from this Site or any modified versions thereof.

8. LINKS. This Site may contain links to other Web sites that are owned and operated by third parties. The inclusion of such links does not constitute or imply an endorsement of the linked site by Barney Trucking. You acknowledge that Barney Trucking is not responsible for the availability of, or the content located on or through, any such external sites or subsequent links from such sites. If User decides to access-linked third-party web sites, User does so at User’s own risk. You should contact the Site administrator or webmaster of those external sites if you have any concerns regarding such links or the content located on such sites.

9. MODIFICATIONS. Barney Trucking has the right to modify, change, or amend this Agreement and any policies affecting the Site. Any modification, change, or amendment is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Users continued use of the Site following notice of any modification, change, or amendment to this Agreement shall be conclusively deemed an acceptance of such modification, change, or amendment. Users only right with respect to any dissatisfaction with any modification, change or amendment made pursuant to this provision, or any policies or practices of Barney Trucking in providing the Site, include without limitation (i) any modifications, changes, or amendments in the Materials or Services, or (ii) any modifications, changes, or amendments in the amount or type of fees associated with the Services, is to cancel the User Account.

Barney Trucking has the right to modify, suspend, or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Services. Barney Trucking may also impose limits on certain features and services or restrict User’s access to parts or all of the Site without notice or liability.

10. LIABILITY AND LIMITATION OF LIABILITY. The Materials and Services may contain inaccuracies, typographical errors, or other errors or defects. Barney Trucking makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials, Services, or about the results that may be obtained from using the Site, the Services, and/or the Materials. The use of the Site, the Services, and the Materials is at User’s own risk.

User represents and warrants to Barney Trucking that User is at least eighteen (18) years old and that User possesses the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. User further warrants and represents that User has the legal authority to enter into this agreement, whether on behalf of themselves or in the event that User desires to obtain corporate access to the Site, that User has the legal authority and permission of the corporation, company, limited liability company, partnership, or the like (“Entity”), to legally bind the Entity to the terms and conditions of this Agreement and any other agreements incorporated within this Agreement.

BARNEY TRUCKING DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED ON THE SITE WILL BE UNINTERUPTED OR OPERATE ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ANY MATERIALS OR SOFTWARE DOWNLOADABLE FROM OR ACCESSIBLE THROUGH THE SITE, AND THE SITE’S SERVER ARE FREE OF COMPUTER VIRUSES, INFECTIONS, WORMS, TIME BOMBS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BARNEY TRUCKING DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF: (1) THE SITE, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITE; (2) ANY PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE; (3) HYPERTEXT LINKS TO THIRD PARTIES ON THE WEB SITE; OR (4) THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.

BARNEY TRUCKING MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, THE MATERIALS, AND/OR THE SERVICES, INCLUDING WITHOUT LIMIATION, THE MATERIALS AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BARNEY TRUCKING’S NEGLIGENCE. IF USER’S USE OF THE SITE, MATERIALS, AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF USER’S EQUIPMENT OR DATA, BARNEY TRUCKING IS NOT RESPONSIBLE FOR THOSE COSTS. IF USER IS DISSATISFIED WITH THE SITE, MATERIALS, AND/OR SERVICES, USERS SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL BARNEY TRUCKING OR ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR AGENTS (THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION OR SERVICES PROVIDED AT OR THROUGH THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF BARNEY TRUCKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OF CONSEQUENTIAL DAMAGES, BARNEY TRUCKING’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PROVIDED BY LAW.

11. INDEMNIFICATION. User agrees to defend, indemnify, reimburse and hold harmless Barney Trucking, Barney Trucking Affiliates, and Barney Trucking and Barney Trucking Affiliates’ officers, directors, employees, agents, shareholders (the “Released Parties”) from and against all liabilities, claims, disputes, demands, actions, or suits, and/or expenses, including, without limitation, costs and attorney’s fees, that relates to, are based upon, or arise in any way from your use of the Site, the Services or the Materials or from User’s breach of any term or condition of this Agreement. Barney Trucking reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Barney Trucking in asserting all available defenses.

12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH, OR GENERATED BY USE OF, THE SITE (THE “SITE MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARNEY TRUCKING DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

13. SUSPENSION OR TERMINATION OF ACCESS. We, in our sole discretion, reserve the right to deny access to our Site, the Materials, the Services, refuse service to anyone, terminate accounts, remove or edit objectionable content included in any order, and cancel any order.

14. CHOICE OF LAW AND FORUM. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You agree that the exclusive jurisdiction for any claims, disputes, demands, actions, or suits arising out of, based upon, or relating to this Site Use Agreement or your use of this Site shall be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.

15. CHANGES. Barney Trucking shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, the Materials, the Services, features, or hours of availability. Barney Trucking may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability. Additionally, Barney Trucking shall have the right, in its sole discretion, to terminate User’s access to any or all portions of the Site at any time, without notice.

16. MISCELLANEOUS. A waiver by Barney Trucking of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no such waiver shall be effective unless in writing signed by Barney Trucking. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations relating to the subject matter of this Agreement, whether oral or written, between the User and Barney Trucking. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by the User. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the User. The User shall not assign this Agreement in whole or in part without the prior written consent of Barney Trucking.