Terms of Service

Effective Date: 11/6/2025

1. Acceptance of Terms

Welcome to capacityllc.com (the “Site”), operated by Capacity LLC, Capacity MidWest LLC, and Capacity West LLC (collectively, “Capacity,” “we,” “us,” or “our”). By accessing or using this Site, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Site.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

2. Use of the Site

2.1 Permitted Use

You may use the Site for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
  • Transmit any material that is defamatory, obscene, harassing, threatening, or otherwise objectionable
  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
  • Interfere with or disrupt the Site or servers or networks connected to the Site
  • Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
  • Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material

2.2 No Account Creation

The Site does not require users to create accounts. Any information you provide through contact forms or other interactive features will be handled in accordance with our Privacy Policy.

3. Intellectual Property Rights

3.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, software, and other materials (collectively, “Content”), is the property of Capacity or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

3.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include any right to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any Content obtained from the Site
  • Use the Site or Content for any commercial purpose without our express written consent
  • Remove any copyright, trademark, or other proprietary notices from the Content

4. SMS Text Messaging Terms

By providing your mobile phone number and checking the consent box on our contact forms, you expressly consent to receive SMS (text) messages from Capacity regarding your inquiry. These messages may include meeting scheduling, answers to questions, and information about our logistics services.

4.2 Message Frequency and Charges

Message frequency varies based on your interactions with us. Standard message and data rates may apply as determined by your mobile carrier. You are responsible for any charges incurred from your mobile carrier.

4.3 Opt-Out

You may opt out of receiving SMS messages at any time by:

  • Replying STOP, CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL to any message
  • Contacting us directly at the contact information provided below

Upon opting out, you will receive one final confirmation message, and no further messages will be sent unless you re-opt in.

4.4 Help and Support

For assistance with SMS messages, reply HELP to any message or contact our customer service team at the contact information provided below.

4.5 Privacy

Your mobile phone number and related information will be used in accordance with our Privacy Policy. We will not sell, rent, or share your phone number with third parties for their marketing purposes without your consent.

4.6 No Liability for Delivery

We are not liable for any delays or failures in the delivery of SMS messages, or for any errors or inaccuracies in the content of SMS messages. Message delivery is subject to your mobile carrier’s network availability and other factors beyond our control.

5. Interactive Features

The Site may offer interactive features such as downloadable resources, calculators, contact forms, and other tools. Your use of these features is subject to these Terms and our Privacy Policy. We reserve the right to modify, suspend, or discontinue any interactive features at any time without notice.

The Site may contain links to third-party websites or services that are not owned or controlled by Capacity. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Capacity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPACITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CAPACITY DOES NOT WARRANT THAT:

  • The Site will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the Site will be accurate or reliable
  • The quality of any information, products, or services obtained through the Site will meet your expectations
  • Any errors in the Site will be corrected

No advice or information, whether oral or written, obtained by you from Capacity or through the Site shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPACITY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Site
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CAPACITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, CAPACITY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Capacity, its affiliates, and their respective officers, directors, employees, agents, and licensors 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
  • Your use of the Site
  • Your violation of any rights of another party
  • Your violation of any applicable laws, rules, or regulations

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://www.capacityllc.com/privacy-policy/ to understand our practices regarding the collection and use of your personal information.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

11.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the federal or state courts located in Middlesex County, New Jersey, and you hereby consent to the personal jurisdiction and venue of such courts.

11.3 Waiver of Jury Trial

To the extent permitted by law, you and Capacity each waive any right to a jury trial in connection with any dispute arising out of or relating to these Terms or the Site.

12. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

13. Waiver

No waiver by Capacity of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Capacity to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Capacity regarding the use of the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Site.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Capacity LLC
 1112 Corporate Road
North Brunswick, NJ 08902

Email: privacy@capacityllc.com
Phone: (732) 745-7770

Last Updated: 11/6/2025