Terms & Conditions 

Terms And Conditions of Use

OF WERNER ENTERPRISES, INC. (www.werner.com the “Website”))

These Terms and Conditions were last updated on  August 17, 2023

PLEASE READ THE TERMS OF USE AND THE PRIVACY POLICY THAT FOLLOW.

These Terms and Conditions of Use (“Terms of Use”) are entered into by and between You and Werner Enterprises, Inc. and its affiliates (”Company,” “we,” or “us”). The following Terms or Use govern your access to and use of www.werner.com, including any content, functionality, and services offered on or through www.werner.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.werner.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Werner Enterprises, Inc. reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  All changes are effective immediately. You agree to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes to these Terms of Use, including the Privacy Policy, will mean you accept those changes. You represent and warrant to Werner Enterprises, Inc. that you will fully comply with the Terms of Use and the Privacy Policy. The Website is owned and operated by Werner Enterprises, Inc. and its affiliates (referred to as “Werner Enterprises, Inc.,” “Werner,” “we,” “us,” “our” “Web Site”). If you do not agree to the terms outlined in these Terms of Use, please do not use the Website.

The Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our Privacy Policy.

 

Rights and Restrictions On Use. You shall use the Website for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using the Website to facilitate mail abuse or Spam. You further agree that you will not use the Website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our Website at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Website or restrict access to all parts of the site without notice or liability.

 

LINKING SITES. LINKS IN THIS WEB SITE MAY LET THE USER LEAVE THE WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WERNER, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESSING ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY US OF THE LINKED SITE. PLEASE REFER TO THE TERMS OF USE AND PRIVACY POLICY FOR EACH SITE VISITED.

 

DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PROVIDED BY LAW, WERNER 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 TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WERNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE WEBSITE. WERNER DOES NOT WARRANT THAT THE WEBSITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WERNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

FURTHERMORE, WERNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY WERNER, ITS ADVERTISING PARTNERS, AFFILIATES, OR ADVERTISED ON THE WEBSITE. YOU AGREE THAT NEITHER WERNER NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WERNER FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEY’S FEES, THAT DIRECTLY OR INDIRETLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THIS WEBSITE, AND/OR ANY SERVICE PROVIDED BY WERNER. THE ENTIRE LIABILITY OF WERNER, ITS OFFICERS, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $5 (WHICHEVER IS LESS). THE FOREGOING LIMITATIONS, EXLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

Intellectual Property and Copyright Notice. This website is controlled and operated by Werner. Our proprietary software, and our materials on this Website, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their Intellectual Property to us, and all other trademarks, service marks, and trade names used on the Website are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified. Except as expressly authorized herein, material from this Website and from any other web site owned, operated, controlled, or licensed by Werner may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Werner’s Intellectual Property in any form, including but not limited to use on any other Website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Minors. Werner Enterprises, Inc. does not knowingly collect information from anyone under the age of 16. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.

 

Trademarks

The Werner name, the terms Werner Drive, Werner Edge, We Keep America Moving, the Werner logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Werner or its affiliates or licensors. You must not use such marks without the prior written permission of Werner. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Indemnification. You agree to indemnify Werner and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the Terms of Use.

 

Forum Selection, Choice of Law, Arbitration, and Class Action Waiver. Any claim or litigation relating to these Terms of Use, relating to any shipment scheduled or tendered through the Company’s Website, or relating to any and all disputes between the Company and the Customer, shipper and/or consignee shall be resolved by arbitration as detailed below.  Should any filings be required, You hereby submit to the exclusive jurisdiction of the State or Federal Courts within the State or District of Nebraska located in Douglas County and shall be subject to Nebraska law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.

1. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach or validity thereof, shall be finally resolved by arbitration in Omaha, Nebraska. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.

 

Complete Integration. This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Werner regarding the Website and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this Website. If any provision of these Terms of Use are unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of these Terms of Use except in writing. If you have any questions about Werner’s Terms of Use, please email us at: [email protected].

 

The Terms of Use, including the Privacy Policy can change at any time without notice.

 

All notices of copyright infringement claims should be sent to [email protected].

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

 

©Werner Enterprises, Inc. 2020-2023

Werner Enterprises, Inc.
14507 Frontier Road
Omaha, NE 68138
Phone: (800) 228-2240