Terms of Use – adanatransportation.com

Updated and Effective Date: 02/11/2025

1. Application and Introduction

Thanks for using our website. These following terms and conditions of use (“TOU”) are a binding legal agreement between you and Adana Transportation Inc and its affiliates and subsidiaries (“Adana Transportation”) that govern your use of our website (“Site”) and the content contained therein (“Site Content”). The following TOU and our privacy policy (“Privacy Policy”) govern your use of the Site and our related products and Services (defined below). By accessing or using this Site, you acknowledge that you have read, understand, and agree to these TOU. If you are an employee or agent of an organization, by using our Site and/or Services (defined below), you represent and warrant that (1) you are authorized to agree to the TOU on behalf of the organization and (2) the organization will be bound by the TOU. The terms “you”, “your” and “yours” mean you, the user. The terms “we”, “us”, “our”, “ours”, and “Adana Transportation” mean Adana Transportation Inc.

Important! Please carefully read these terms before using the site, as they affect your legal rights and obligations. If you do not agree to bound by all of these TOU, do not use the Site.

2. SMS Terms & Conditions

SMS Consent Communication:

Information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

If consent has been given to receive text messages from Adana Transportation Inc, messages may be received related to the following :

Appointment reminders

Follow-up messages

Billing inquiries

Example: “Hello, this is a reminder of your upcoming appointment with the driver. Reply STOP to opt out of SMS messaging at any time.”

Message Frequency:

Message frequency may vary depending on the type of communication. For example, up to 10 SMS messages per week may be received related to appointments/billing, or load related communication etc.

Example:

“Message frequency may vary. You may receive up to 2 SMS messages per week regarding your pick and delivery appointments or load status.”

Potential Fees for SMS Messaging:

Standard message and data rates may apply, depending on the carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-In Method:

Opt-in to receive SMS messages from Adana Transportation Inc can be done in the in the

following ways:

Verbally, during a conversation,

By submitting an online form,

By filling out a paper form

Opt-Out Method:

Opting out of receiving SMS messages can be done at any time by replying “STOP” to any SMS message received. Alternatively, direct contact can be made to request removal from the messaging list.

Help:

For any issues, reply with the keyword HELP. Alternatively, help can be obtained directly from us at https://adanatransportation.com/contact/

Additional Options:

If SMS messages are not desired, the SMS consent box on forms can be left unchecked.

Standard Messaging Disclosures:

Message and data rates may apply.

Opt out at any time by texting “STOP.”

For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.

Message frequency may vary

3. Binding Arbitration Notice:

Section 16 of these TOU contains a mandatory arbitration clause, jury trial waiver, and class action waiver that applies to all customers using the Site and accessing Site Content. This provision applies to all disputes with Adana Transportation and affects how disputes with Adana Transportation are resolved and require you to submit claims you have against Adana Transportation to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group, or representative action or proceeding. By accessing the Site and the Site Content, you agree to be bound by the Dispute Resolution Agreement.

4. Services

Adana Transportation Services include, but are not limited to the Site, Site Content, related technologies, and any software, data, reports, text, images, sounds, video, and content made available through any of the foregoing, and any new features added to or augmenting the Services, and all enhancements, modifications, and derivative works thereof (“Services”).3.

5. Privacy

Adana Transportation’s collection and use of personal information in connection with your access to and use of the Site, the services offered via the Site, and all Site Content, including our use of third party cookies, tags, and other tracking technologies that may be used for analytics, marketing, and targeted advertising purposes, is described in our Privacy Policy. By using the Site, you consent to our Privacy Policy (available at www.adanatransportation.com/privacy-policy) and the use of these technologies.

5. Ownership

All Site Content made available through the Site or provided by Adana Transportation shall continue to be the property of Adana Transportation or its content suppliers and is protected under applicable copyright, patent, trademark, and/or other Applicable Laws and Rules of the United States and other countries. You acknowledge that intellectual property rights are the exclusive property of Adana Transportation or its licensors and you agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. Any copying, modification, displaying, transmitting, redistribution, use or publication by you of any Site Content or any part of the Site is prohibited, except as authorized or approved in writing by us. Under no circumstances will you acquire any ownership rights or other interest in any Site Content by or through your use of this Site. By submitting any ideas, feedback and/or proposals to Adana Transportation regarding the Site, Site Content, or Services (“Feedback”), you expressly acknowledge and agree that: (a) Adana Transportation is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) Adana Transportation may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose whatsoever and in identifiable or de-identifiable form.

6. General Audience Site

This Site is general audience and does not target users younger than 18 and we do not knowingly collect personal data directly from any person younger than the age of 18. If you are younger than 18 years old, please do not use this Site or any of its services or submit any information to us for any purpose at any time.

7. Site Use

Adana Transportation grants you a limited, revocable, non-exclusive license to use this Site and access Site Content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The Site and any part of it along with all Site Content may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Adana Transportation. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use Site Content, materials, products or Services in violation of any law. Subject to your compliance with all the terms and conditions of these TOU, including any payment obligations, you may access and use the Services only for its intended purpose only during the term of your subscription for the Service.

8. Registration & Access Controls

Certain areas of the Site may require account registration or may otherwise ask or require you to provide information to use Site features. When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. You agree you will not sell or otherwise transfer your account or any account rights and that you will keep your account credentials confidential. Except to the extent prohibited by applicable, unwaivable law, Adana Transportation reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. If you submit personal information to register for an account with Adana Transportation or to otherwise participate in any services, that information will be governed by the Privacy Policy. You may cancel your account at any time via your account page or by contacting our customer support team.

9. Use Restrictions

You will access and use the Services for lawful and authorized purposes only, and in no event in connection with competitive research or for scoping, benchmarking, developing, or providing any similar or competitive product or service. In addition, you may not exceed the scope of your authorized use of the Services. You may not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services. You agree not to access the Services by any means other than through the interface that is provided by us to access the Services. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to:

Use the Site or Site Content in any way that violates any applicable federal, state, local or international law or regulation;

Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Site Content, or which, as determined by us, may harm us or users of the Site or expose them to liability;

Use the Site or Site Content in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or Site Content;

Use any robot, spider or other automatic device, process or means to access the Site or Site Content for any purpose, including monitoring or copying any of the materials on the Site or Site Content;

Use any manual process to monitor or copy any of the materials on the Site or Site Content or for any other unauthorized purpose without our prior written consent;

Use any device, software or routine that interferes with the proper working of the Site or Site Content;

or Otherwise attempt to interfere with the proper working of the Site or Site Content.

You agree that you will not, and will not permit or assist any third party to:

Engage in or attempt to engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services; introducing or sending viruses, worms, spyware, malware, or any other kind of harmful code into or through the Services; interfering or attempting to interfere with the proper functioning of or use by others of the Services, including by means of overloading, flooding, spamming, mail bombing, or crashing the Services;

Use manual or automated software or other means to scrape, crawl, spider, or similarly access or copy any portion of the Services or to use any portion of the Services to train or otherwise include in large language models, artificial intelligence technologies, or other machine learning tools, products, services, or features (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

Engage in or attempt to engage in any of the following: disabling, bypassing, modifying, defeating, violating, removing, impairing, circumventing, or otherwise interfering with digital rights-management technology or other features or technology that limits or prevents use of the Services or the content therein.

10. Third-Party Links and Content

The Services may enable linkage between various online third-party services such as third-party websites, email, cloud storage, social, and similar services (“Third-Party Services”). If you chose to take advantage of these feature and capabilities, you may be required to authenticate, register for, or log into Third-Party Services through the Services or on the websites of their respective providers. By linking your account on the Services to your account on a Third-Party Service, you are authorizing Adana Transportation as your agent to access your Third-Party Service account and any information, content, materials, and features included therein, and use such Third-Party Services with read and write privileges on your behalf for the purpose of integrating your experience on the Service with such Third-Party Service. Your use of the Third-Party Services is governed solely by the agreement between you and the provider of such Third-Party Service, and the Third-Party Services provider is solely responsible for such Third-Party Service. You agree that Adana Transportation is not liable for any loss or claim that you may have against any such third party. Any access to and use of such Third-Party Service is not governed by these TOU, Adana Transportation’s Terms of Service, or Adana Transportation’s Privacy Policy but is instead governed by the terms and privacy policies of that Third-Party Service. Your correspondence and business dealings with others found on or through the Site including, without limitation, the delivery of your vehicle via a carrier, and any terms, conditions, warranties, and representations associated with any such dealings, are solely between you and the third party.

11. Limitation of Liability

Under no circumstances will Adana Transportation (including its subsidiaries and affiliates) be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Site, your Site use, or the Site Content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site or Site content is to cease all of your use of the Site.

12. Additional Rights

You may have additional rights under certain laws including consumer laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these TOU that directly conflict with such laws may not apply to you.

13. Arbitration Agreement

The Site is controlled and operated by Adana Transportation from its offices within the State of Illinois, United States of America. Adana Transportation makes no representation that materials in the Site is appropriate or available for use in other locations and other countries. Those who choose to access the 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 agreement will be governed by, construed and enforced in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. To the extent that any dispute between you and Adana Transportation arises from these Terms, the arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.

Both you and Adana Transportation waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Adana Transportation waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Adana Transportation’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Adana Transportation is seeking injunctive relief (the “Excluded Disputes”), you and Adana Transportation each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you and identifying you, your legal claims, the requested relief and requesting arbitration to: Adana Transportation – 425 N. Martingale Rd., Suite 550, Schaumburg, IL 60173 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known email address.

The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Site (including purchasing products or services through the Site) will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Chicago, Illinois or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Chicago, Illinois.

Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Adana Transportation will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. The prevailing party may seek reimbursement of its fees and costs.

Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of Adana Transportation (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and Adana Transportation agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Adana Transportation within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Adana Transportation agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: 425 N. Martingale Rd., Suite 550, Schaumburg, IL 60173. For new users, the notice must be sent within 30 days of registering an account with Adana Transportation, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, Adana Transportation also will not be bound.

14. Copyrights

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Adana Transportation follows the notice and take down procedures of the DMCA. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to adana.trans.inc@gmail.com. Please put the statement “DMCA Takedown Notice” in the subject field of your email. notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Adana Transportation to locate the material on the Site;4. Your name, address, telephone number, and email address (if available);5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Adana Transportation a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details.

15. Waiver

The failure of Adana Transportation to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of these TOU by Adana Transportation must be in writing and signed by an authorized representative of Adana Transportation.

16. Social Distribution

Adana Transportation may allow you – but only through express written permission or via Adana Transportation-provided functionality on the Site – to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution“). For example, a Site may allow you to send Site Content to friends or post Site Content on a third-party web site. You understand that only Adana Transportation can make claims, promises or statements on behalf of Adana Transportation about its products and services and agree not to do so. You also agree that you will not imply that you and Adana Transportation are affiliated in any way or that Adana Transportation approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.

17. Linking Policy

Adana Transportation grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Adana Transportation or the Site is endorsing or sponsoring any third party or its products or services, unless Adana Transportation has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Adana Transportation’s sole opinion, harm Adana Transportation or its products or services; (d) must not use any Adana Transportation trademarks without the prior written permission from Adana Transportation; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Adana Transportation’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these TOU. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, Adana Transportation reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

18. Relationship of the Parties

Nothing contained in these TOU or your use of the Site or Site Content shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.28. Entire Agreement

These TOU, including any policies referenced herein, constitute the entire agreement between you and Adana Transportation, and replaces and supersedes all prior or contemporaneous agreements, communications, and proposals, whether electronic, oral or written, between you and Adana Transportation with respect to this Site and Site Content.

19. Termination

Adana Transportation reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if Adana Transportation believes your conduct violates these TOU. Adana Transportation also reserves the right to investigate suspected violations of these TOU, including, without limitation, any violation arising from any e-mails you send to the Site or Adana Transportation. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your access to the Site or upon demand from Adana Transportation, all rights granted to you under these TOU will cease immediately, and you agree that you will immediately discontinue use of the Site.

Adana Transportation also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

30. Contact

Adana Transportation Inc

Address: 300 East Business Way, Suite 200, Cincinnati, OH, 91387

Email: adana.trans.inc@gmail.com.