Covenant Transport, Inc. Website Terms of Use

Updated:  August 25, 2015

 

Welcome to the website of Covenant Transport, Inc. (“Covenant Transport”). The following terms and conditions of use (the "Terms of Use") govern your access to and use of the www.covenanttransport.com (the “Website”) whether as a guest, a customer, a prospective employment candidate or a registered user.

 

Your Consent

Covenant Transport reserves the right, at its discretion, to change, delete or update these Terms of Use and any other policies that govern the Website at any time and for any reason without prior notice by posting the updated Terms of Use on this page.  By using the Website in any way, you consent to these Terms of Use.  Your continued use of the Website indicates acceptance of any modified terms.

 

Accessing the Website

Covenant Transport reserves the right to change, delete or update this Website in its sole discretion without prior notice.  Covenant Transport will not be liable if, for any reason, all or any portions of the Website are unavailable at any time or for any period.  From time to time, Covenant Transport may restrict access to some portions of the Website or the entire Website.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other personally identifiable information.  It is a condition of your use of the Website that all the information you provide to or on the Website is correct, current and complete.

 

Privacy

Covenant Transport’s Privacy Policy applies to the use of this Website, and its terms are made a part of these Terms of Use.  To view the Privacy Policy, click here.  Additionally, by using this Website, you acknowledge that Internet transmissions are never completely private or secure.  You understand that any message or information you send to or through the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 

 

User Name and Account Security

You agree that any information you provide to Covenant Transport through the Website, including, without limitation, your name, address, e-mail address, social security number, credit card and financial information, and any other personally identifiable information, whether through questionnaires, registration forms or other information requests, (collectively “Personal Information”), will be true, accurate, current and complete information.  You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent.  You are solely responsible for all transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information.  If you believe that someone has used your Personal Information to submit any transmissions to Covenant Transport without your authorization, please contact Covenant Transport immediately at Eric.Whitton@CTGCompanies.com.

If you choose or are provided with a user name, password or any other piece of information as part of any Website security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.  You agree to notify Covenant Transport immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.

Covenant Transport retains the right to disable any user name, password or other identifier, whether chosen by you or provided by Covenant Transport, at any time in its sole discretion for any reason, including if, in Covenant Transport’s opinion, you have violated any provision of these Terms of Use.

 

Content

The information presented on or through the Website is made available solely for general information purposes.  Covenant Transport does not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  Covenant Transport disclaims 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.

 

Forward-looking and cautionary statements

Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws.  These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the U.S. Securities and Exchange Commission.  See the “SEC filings” tab under “Investor relations” on this Website for copies of such filings.

 

Restrictions on Use

This Website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Covenant Transport and meet this age eligibility requirement.  If you do not meet the requirement, you must not access or use the Website. 

You shall use the Website for lawful purposes only.  You may not attempt to gain unauthorized access to any section of the Website, any other account, computer system or network connected to any Covenant Transport server.  You may not use the Website in any manner that could damage, impair or impose an unreasonable or disproportionately large load on the infrastructure of the Website or Covenant Network’s systems or networks connected to the Website.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transmission submitted on the Website, or with any other person’s use of the Website.  You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Covenant Transport or others.  You may not use the Website to facilitate spam or other unwanted or unauthorized communications, nor may you use the Website to distribute, promote or publish any material containing any solicitation for funds, advertising or for goods or services. 

You may not use the Website to post or transmit any material (a) that violates or infringes the rights of Covenant Transport or any other person or party in any way; (b) is unlawful or may be construed as threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene or otherwise objectionable; (c) that discloses personal or private information of others; or (d) that encourages conduct that would be deemed criminal, give rise to civil liability or otherwise violate any law.   

Any person deemed to have violated any of the above restrictions on use may be blocked from this Website and/or the offending content may be removed.  If any violation of the above restrictions represents, indicates or suggests an intent or threat to break the law, the violator’s information, including ISP and IP address, will be provided to the appropriate law enforcement agencies.

 

Links to Other Sites

Covenant Transport is not responsible for the content of third party websites.  Inclusion of hyperlinks to any third party websites does not in any manner imply any endorsement of the material on those websites or association with their owners or operators.  You should review the privacy policies and terms of use of those third party sites and make your own independent judgments whether to visit or use those sites. 

 

Intellectual Property
The entire content included in this Website, including but not limited to, copyrights, trademarks, services marks, trade names, logos, slogans, text, graphics, code, the selection and arrangement of the content, and other proprietary materials, is protected under United States intellectual property laws and is the property of Covenant Transport or its licensors.  Your computer may temporarily store all or portions of  the Website or certain content in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Covenant Transport.

Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of or downloads from this Website or the unauthorized use of any trademarks, service marks or trade names is strictly prohibited, unless authorized by Covenant Transport in writing prior to such use. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

 

Reporting Copyright Infringement

If you reasonably believe that your copyrightable work has been used without authorization on the Website and copied in a way that constitutes infringement, please provide to Covenant Transport’s designated agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrightable work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • 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 information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

Pursuant to the Digital Millennium Copyright Act, Covenant Transport designates the agent below to receive notifications of claimed copyright infringement: 

Covenant Transport, Inc.
Attn: Office of the General Counsel - Copyright Notice
P.O. Box 22997
Chattanooga, TN  37422
423-463-3243
HeaJam@CovenantTransport.com

Covenant Transport may disclose, and you consent to Covenant Transport’s disclosure of, your identity or other information about you to any third party who claims that material posted by you violates his or her rights, including intellectual property rights or the right to privacy.  Covenant Transport may take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.  Without limiting the foregoing, Covenant Transport has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COVENANT TRANSPORT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COVENANT TRANSPORT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COVENANT TRANSPORT OR LAW ENFORCEMENT AUTHORITIES.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  COVENANT TRANSPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING ACCURACY, NON-INFRINGEMENT, DATA PRIVACY OR DATA SECURITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST COVENANT TRANSPORT FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT COVENANT TRANSPORT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.  YOU SPECIFICALLY AGREE THAT COVENANT TRANSPORT IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY OR RIGHTS OF PRIVACY.  IF COVENANT TRANSPORT IS FOUND TO HAVE VIOLATED ANY OF YOUR RIGHTS, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES RECOVERABLE AGAINST COVENANT TRANSPORT ARE LIMITED TO THE LESSER OF YOUR ACTUAL, PROVEN DAMAGES OR $10.  IN RECOGNITION THAT COVENANT OFFERS ACCESS TO THE WEBSITE FOR FREE AND WITHOUT CHARGE, YOU ACCEPT THIS PROVISION AS A REASONABLE LIMITATION ON YOUR ABILITY TO RECOVER DAMAGES FROM COVENANT.

 

Indemnification
You agree to indemnify, defend, and hold harmless Covenant Transport, its affiliates and subsidiaries and all of the foregoing entities’ officers, directors, employees, agents, licensors and suppliers from and against all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys' fees resulting from any violation of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet connection, your computer devices or your account.

 

Term; Termination
These Terms of Use are applicable to you upon your accessing the Website. These Terms of Use, or any part of them, may be terminated by Covenant Transport without notice at any time, for any reason.  If you no longer agree to be bound by these Terms of Use, you must immediately cease use of the Website.  The provisions relating to Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination along with any other provisions that by their nature are intended to survive.

 

Notice; Electronic Contracting
Covenant Transport may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Covenant Transport.  By accessing this Website, you agree to the delivery of documents and notices electronically and to the formation of binding legal agreements with Covenant Transport electronically whether through email, through this Website or other electronic means.

 

Governing Law and Jurisdiction

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by and construed in accordance with the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of law provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in Hamilton County, Tennessee, and waive any objection or defense to such jurisdiction or venue, including without limitation defenses of forum non-conveniens.

 

Miscellaneous

Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Covenant Transport goods or services) must be commenced within one (1) year after the claim or cause of action arises.  Covenant Transport's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  Covenant Transport may assign its rights and duties under this Agreement to any party at any time without notice to you.  Covenant Transport is entitled to recover all costs and expenses in enforcing this Agreement, including attorneys’ fees.

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