TERMS AND CONDITIONS FOR USE OF THIS SITE

Effective Date: July 1, 2026

The following terms and conditions govern the use of the websites provided by MFPS Transport, Inc. (“we,” “us,” or “our”). Your use of our websites constitutes your acceptance of these terms and conditions.

We reserve the right to change these terms and conditions from time to time. If we make any material changes to these terms and conditions, we will post the revised terms and conditions (the effective date listed above reflects the date of the most recent version). Your continued use of our websites indicates your acceptance of any such changes.

Your use of our websites is also subject to our Privacy Policy.

Use of Transport’s Content on Our Websites

We maintain our websites for your personal, non-commercial use. You may download a copy of any logos, images, photographs, designs, graphics, slogans, texts, or any other content (collectively, “Transport’s Content”) from our websites onto your computer for your personal, non-commercial use, provided that (i) you maintain all copyright, trademark, and other notices that accompany such Transport’s Content and (ii) you may only use our websites as permitted by law, including applicable export control laws and regulations. Except as permitted in the immediately preceding sentence, you may not copy, post, transmit, upload, reproduce, distribute, modify, create derivative works from, or otherwise exploit any Transport’s Content. We reserve the right, at any time, to terminate your right to use or copy Transport’s Content.

Ownership of Intellectual Property

We own or have a license to use all of the Transport’s Content, including, without limitation, all trade and service marks, trade and brand names, trade dress, copyrights, and other rights of authorship, displayed on our websites. Except as expressly permitted above under the heading “Use of Transport’s Content on Our Websites,” your use of any of the Transport’s Content on our websites is strictly prohibited and nothing in these terms and conditions or elsewhere on our websites should be construed as granting you (by implication or otherwise) any license, right, title, or interest in or to any such Transport’s Content. Your unauthorized use of any Transport’s Content on our websites may violate the law. We reserve all rights not expressly granted you by these terms and conditions and all use of such Transport’s Content will inure to our benefit.

Disclaimer of Warranties

Your access and use of our websites and the Transport’s Content provided on our websites is at your own risk. We do not warrant that your use of the Transport’s Content displayed on our websites will not infringe on the rights of third parties. We do not warrant that your access to our websites or use of the Transport’s Content from a location outside the United States of America will comply with applicable law in that location. The Transport’s Content on our websites may be inaccurate or out of date and may otherwise contain errors or omissions. We do not warrant that our websites or the Transport’s Content on our websites will be free of errors, viruses, malicious software, or corrupted files. We do not warrant that access to our websites will be uninterrupted. We reserve the right, at any time without notice, to modify or discontinue operation of or access to our websites, or any portion of our websites, for any reason. We assume no liability or responsibility for any damage to you, your computer, or your property that arises out of or relates to your access to, use of, or downloading from our websites or any Transport’s Content provided on our websites. OUR WEBSITES AND THE TRANSPORT’S CONTENT ON OUR WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties so some of the disclaimers above may not apply to you.

Limitation on Our Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OUR WEBSITES OR ANY TRANSPORT’S CONTENT PROVIDED ON OUR WEBSITES.

Links

Our websites contain links to other sites that we do not own or operate. The privacy policies of these other sites are not covered by our privacy policy and we are not responsible for the privacy or data collection practices, security, or content of these linked sites. We do not endorse or make any representations or warranties regarding any third-party sites or any products or services that may be offered by any such sites. Your use of any linked site is at your own risk and we encourage you to review the privacy policies of linked sites before using them.

Registration

In order to access certain features of our websites, you may be required to create an account. If you create an account, you must provide true, accurate, and complete information about yourself and update such information so that it remains true, accurate, and complete. You are solely responsible and liable for any activity that occurs on your account, whether authorized by you or not, and we encourage you to keep your password secure. We will not be liable for any damages of any kind arising out or relating to your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive notices and information from us.

User Submitted Content

By submitting any logos, images, photographs, designs, graphics, slogans, text, ideas, information, or other content (collectively, “User Content”) to us or any of our websites,

  1. you grant us an unconditional, perpetual, and irrevocable right to display, broadcast, publish, use, exploit, edit, and/or modify any such User Content in any and all media, throughout the world, for any and all purposes (including to develop, produce, market, and/or sell products that are based upon or otherwise incorporate such User Content and any and all other commercial purposes);
  2. you also grant each user of our websites a perpetual and irrevocable right to use any such User Content to the extent permitted by these terms and conditions;
  3. you agree that we and the users of our websites may exercise these rights without any liability to or further approval from you and you will not be entitled to any notice, credit, or compensation of any kind in connection with the exercise of these rights; and
  4. you agree that we will not be obligated to treat any such User Content as confidential or proprietary.

By submitting any User Content to us or any of our websites, you also represent and warrant to us as follows:

  1. you own all right, title, and interest in such User Content;
  2. you have all rights and permissions necessary to submit such User Content and to grant us and the users of our websites the right to display, broadcast, publish, use, exploit, edit, and/or modify such User Content as contemplated by these terms and conditions;
  3. such User Content, and any displaying, broadcasting, publishing, using, exploiting, editing, and/or modifying of such User Content by us as contemplated by these terms and conditions, does not and will not violate the intellectual property (including copyrights and trademarks), privacy, publicity, or other rights of any third party or any applicable laws or regulations;
  4. such User Content is not offensive, obscene, indecent, threatening, harassing, abusive, defamatory, fraudulent, or otherwise objectionable in any way;
  5. such User Content does not encourage or promote any activities that may appear unsafe or dangerous, would give rise to civil liability, or are illegal;
  6. such User Content does not contain any viruses, malicious software, corrupted files, or any software that may adversely affect the operation of our websites;
  7. such User Content is not confidential or proprietary; and
  8. you are capable of entering a contract under applicable law.

We have the right to reject, remove, or deny access to any User Content or materials submitted to us or our websites at any time for any reason.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates and subsidiaries, and our and each of their respective directors, officers, employees, representatives, and agents from any and all claims, suits, actions, liabilities, damages, losses, or costs, including reasonable attorneys’ fees, arising out of or resulting from your actual or alleged breach of these terms and conditions or any representation, warranty, grant, or agreement by you to us. We also have the right to pursue any other remedies that may be available to us under applicable law. Your obligations under this paragraph shall survive any modification or termination of these terms and conditions.

Online Purchases

If you purchase products through our websites, you must provide us with valid credit card and billing information. You agree to pay the price that is stated at the time of your order as well as any applicable taxes. You also agree that we (or our agents) may bill your credit card for the total amount displayed at check out. All purchases through our websites are final and no refunds will be given. By purchasing products through our websites, you represent and warrant to us that you are capable of entering a contract under applicable law.

Copyright Claims

We will investigate any notices of claimed infringement we receive regarding U.S. copyrights and respond in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Please send any notice of alleged copyright infringement to our designated agent as follows:

If by mail:
MFPS Transport, Inc.
1100 Garber Road
Chambersburg, PA 17202
Attn: General Counsel

If by email:
legal@mfps.com

If by phone:
1-800-503-2986 (attn: General Counsel)

Governing Law and Venue

These terms and conditions and all disputes arising out of or relating to our websites are governed by, and will be construed in accordance with, the laws of the Commonwealth of Pennsylvania and of the United States of America without giving effect to principles of conflicts of law. The venue for any matter arising out of or relating to our websites will be in a state or federal court of competent jurisdiction in Franklin County, Pennsylvania.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MFPS TRANSPORT, INC. ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.

  1. Scope of Dispute Resolution Section
    As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the use of the MFPS Transport, Inc.’s websites, to information shared by you or others over the websites or through other websites, portals, or online services operated by the Company, to the Company’s collection or sharing of your Personal Information, or to these terms and conditions.
    This Section does not apply to any of the following types of claims: (i) claims by employees of Company entities related to the terms or conditions of their employment; (ii) claims by or on behalf of Company customers for alleged products liability, wrongful death, or similar personal physical injury or survivor claims related to the customer’s use of Company products or services; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  2. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
    You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and the Company agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and the Company agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.
  3. Agreement to Arbitrate Claims; Waiver of Jury Trial
    By agreeing to these terms and conditions, both you and the Company are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the websites or these Terms and conditions, you and the Company agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.
    In addition, you and the Company agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to MFPS Transport, Inc., ATTN: General Counsel, 1100 Garber Road, Chambersburg, PA 17202.
    Your notice must include: (i) your name, street address, telephone number, the email address you use or have on record with us (as applicable), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. MFPS Transport, Inc. will send notice to your last known street and email addresses on file, if any. Any Company notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature and basis of the Dispute; and (iii) the specific relief that we are seeking.
    If you and the Company cannot agree on how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or the Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.
  4. Limitation on Time to Bring Action
    You agree that, regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
  5. Arbitration Administration and Certain Procedures
    You and the Company agree that, if and as available, any arbitration will be administered by the American Arbitration Association (“AAA”), (https://www.adr.org/) except as otherwise modified by these Terms and conditions.
    If AAA is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that AAA should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on AAA being available or willing to conduct the arbitration.
    You and the Company also agree to the following relating to any arbitration proceeding:
  • You and the Company waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
  • Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
  • The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the AAA roster of arbitrators. If you and the Company are unable to agree to an arbitrator within fourteen (14) days of AAA’s notice to the parties of its receipt of the arbitration demand, then AAA will appoint the arbitrator in accordance with the AAA Rules.
  • The arbitrator may award declaratory or injunctive relief only in favor of you or the Company and only to the extent necessary to provide the relief warranted by your or the Company’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or the Company.
  • These terms and conditions affect interstate commerce, and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these terms and conditions.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  • You have the right at your own expense to be represented by an attorney of your own choosing. MFPS Transport, Inc., likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, the Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse the Company for all costs and fees associated with the arbitration that the Company paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these terms and conditions and will remain valid and enforceable, except as prohibited by applicable law.

At Company’s sole discretion, it may require you to submit any disputes arising from these terms and conditions or use of the websites, 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 Pennsylvania law.

Other Provisions

If any provision of these terms and conditions is invalid, illegal, or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality, or unenforceability, without affecting in any way the remaining provisions of these terms and conditions in that jurisdiction or rendering that or any other provision of these terms and conditions invalid, illegal, or unenforceable in any other jurisdiction. Upon the determination that any provision of these terms and conditions is invalid, illegal, or unenforceable, that provision will be so modified to the extent necessary to render it valid and enforceable and so as to effect the original intent of these terms and conditions as closely as possible.

No course of dealing, delay, or failure by us to exercise or enforce at any time any right or provision of these terms and conditions shall be considered a waiver of that right or provision or our right thereafter to exercise or enforce that and each and every other right and provision of these terms and conditions.

Any claim or cause of action you may have with respect to our websites must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Contact Information

If you have any questions regarding these terms and conditions, please do not hesitate to contact us by email at info@mfps.com, by phone at 1-800-503-2986, or by mail at:

MFPS Transport, Inc.
1100 Garber Road
Chambersburg, PA 17202
Attn: General Counsel