TERMS OF USE Last Updated on January 1, 2024
These terms of use are entered into by and between you and I Need Empty Trucks, LLC (“Broker”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.ineedemptytrucks.com, www.portal.ineedemptytrucks.com, and the customer and carrier onboarding application, including any content, functionality, and services offered on or through www.ineedemptytrucks.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking accept or I agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.ineedemptytrucks.com/privacy, incorporated herein by reference. If you don’t agree with the Terms of Use or the Privacy Policy, you must not access or use this Website.
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This Website is available to users 13 years or older who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Broker and meet all the eligibility requirements. If you don’t meet the requirements, you must not access or use this Website.
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Changes to the Terms of Use
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Broker may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this Website.
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Your continued use of this Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Accessing the Website
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We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, at our sole discretion without notice. We will not be liable for any reason for any part of this Website that is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of this Website or the entire Website.
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You are responsible for both:
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Making arrangements necessary for you to have access to this Website.
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Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and comply with them.
To access this Website or some of the resources and services it offers (the “Services”), you may be asked to provide certain registration details or other information. The Services are governed by terms and conditions specific to the Services and it’s a condition of your use of such Services that all the information you provide is correct, current, and complete. You agree the information you provide throughout this Website for our Services, is governed by our Privacy Policy, and you consent to all actions we take concerning your information; these actions are consistent with our Privacy Policy. Additional terms and conditions may also apply to specific portions, services, or features of this Website. Additional terms and conditions are incorporated from or by these Terms of Use.
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Intellectual Property Rights
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The Website 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 Broker, its licensors, other providers of such material are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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These Terms of Use permit you to use the Website for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files automatically cached by your Web browser for display enhancement purposes.
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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.
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If we provide desktop, mobile, or other applications for download, 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.
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If we provide social media features (linked from the footer of this Website) with certain content, you may take such actions as are enabled by such features.
You may not:
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Modify copies of any materials from this Website.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You may not access or use for any commercial purposes any part of the Website or any services or materials available through this Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, your right to use this Website will stop immediately and you must; at our request, return or destroy any copies of the materials you have made. There is no right, title, or interest in or to, this Website or any content on this Website is transferred to you; all rights not expressly granted, are reserved by the Broker. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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Trademarks
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The Broker name “I Need Empty Trucks, LLC”, the Broker logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Broker or its affiliates or licensors. You may not use such marks without the prior written permission of the Broker. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
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Prohibited Uses
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You may use the Website only for lawful purposes and in accordance with these Terms of Use.
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You agree not to use the Website:
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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).
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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.
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To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
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To impersonate or attempt to impersonate the Broker, a Broker employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm the Broker or users of this Website, or expose them to liability.
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Additionally, you agree not to:
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Use this Website in any manner that could disable, overburden, damage, or impair this website; or interfere with any other party’s use of this Website, including their ability to engage in real-time activities through this Website.
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Use any robot, spider, or other automatic devices, processes, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
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Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in this Terms of Use, without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Website.
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
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Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Website.
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Monitoring and Enforcement; Termination
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We have the right to:
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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.
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
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Without limiting the aforementioned; 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 Website. YOU WAIVE AND HOLD HARMLESS THE BROKER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE BROKER/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website 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 the performance or nonperformance of the activities described in this section.
Reliance on Information Posted
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The information presented on or through the Website is made available solely for general information 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 visitor to the Website, or by anyone who may be informed of any of its contents.
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This Website may include content provided by third parties. 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 Broker, 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 Broker. 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.
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Changes to the Website
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We may update the content on the Website, but its content is not necessarily complete or up to date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
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Information About You and Your Visits to the Website
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All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us, concerning your information in compliance with the Privacy Policy.
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Linking to the Website and Social Media Features
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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Website may provide certain social media features that enable you to:
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Link from your own or certain third-party websites to certain content on this Website.
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Send emails or other communications with certain content, or links to certain content, on this Website.
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Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
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You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide concerning such features. Subject to the foregoing; you may not:
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Establish a link from any website that is not owned by you.
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Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
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Link to any part of the Website other than the homepage.
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Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
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Links from the Website
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If the Website 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Geographic Restrictions
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The owner of the Website is based in the State of Illinois, in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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Disclaimer of Warranties
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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TO THE FULLEST EXTENT PROVIDED BY LAW, THE BROKER 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.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN’T BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE BROKER AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
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You agree to defend, indemnify, and hold harmless the Broker, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
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Governing Law and Jurisdiction
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All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
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Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Evergreen Park and County of Cook, although; we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
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Arbitration
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At Broker’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
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Limitation on Time to File Claims
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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Waiver and Severability
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No waiver by the Broker of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, any failure of the Broker to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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Entire Agreement
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The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and I Need Empty Trucks, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
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Comments and Concerns
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This website is operated by I Need Empty Trucks, LLC, 3317 W. 95th St. Ste 7, Evergreen Park, IL 60805. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: legal@ineedemptytrucks.com