TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS AND CONDITIONS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY UTILIZING OUR TECHNOLOGIES AND SERVICES, YOU ARE AGREEING AND CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS.
THIS AGREEMENT IS BY AND BETWEEN PAYLOAD INNOVATIONS (THE “SERVICE PROVIDER”) AND YOU, THE USER (“USER”). THE SERVICE PROVIDER AND USER MAY BE REFERRED TO INDIVIDUALLY AS “PARTY” AND COLLECTIVELY AS THE “PARTIES” HEREIN. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT US AT INFO@FREIGHTMATEAPP.COM.
1. AGREEMENT. The agreement between User and Service Provider is limited to terms and conditions of these Terms and Conditions, the Payload Privacy Policy, as well as additional agreements between the User and Service Provider including, but not limited to, any community standards, commercial terms, advertising policies, pages, groups, and events policies, developer agreements, payment terms, that the Service Provider may provide from time to time (the “Agreement”). By creating an Application account or by using any of the Services (as described below) whether through a mobile device, mobile application, or computer, the User agrees to be bound by this Agreement. If the User does not agree to the terms of the Agreement, the User should not use the Services. The Service Provider reserves the right and ability to make changes to the Agreement and to the Services from time to time. The User agrees that this Agreement shall supersede any prior agreements (except as specifically stated herein) and shall govern the entire relationship between Service Provider and User.
2. ACCOUNT REGISTRATION. To access the features of our Services, you must register an account on the Website. In the process of registering, we may ask that you provide us with information about yourself, such as your name, e-mail address, phone number, billing address, DoT number, and other personal information. You agree that the information you provide to us is accurate and up to date at all times. Furthermore, you agree to accept full responsibility for all activities that occur with your App account. If you believe that your account has been compromised in anyway, please notify us immediately at info@freightmateapp.com.
3. PROVISION OF TECHNOLOGIES AND SERVICES. Service Provider provides technology and services that support individuals and small businesses in the trucking industry (the “Services”). Service Provider shall be solely responsible for determining the method, details, and means of providing the Services provided to the User. SERVICE PROVIDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION USER OBTAINS ON OR THROUGH THE SERVICE WILL BE ACCURATE. THE SERVICE PROVIDER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT USER OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT USER’S OWN DISCRETION AND RISK. SERVICE PROVIDER DISCLAIMS AND TAKES NO RESPONSIBILITIES FOR ANY CONDUCT OF USER OR ANY OTHER MEMBER, ON OR OFF THE SERVICES.
4. FEES AND PAYMENT. From time to time, our Application may offer services for purchase (“In-App Purchases”) through the App store, Google Play Store, carrier billing, direct billing, or other payment platforms authorized by Service Provider. User will be prompted to confirm any purchase with the applicable payment provider, and User’s method of payment (be it credit/debit card or a third-party account such as Google Play Store or the App Store) (the User’s “Payment Method”) will be charged at the prices stated for the Services authorized as well as any sales or similar taxes that may be imposed, which User specifically and unequivocally approves and authorizes. The User may edit his/her Payment Method through the Settings in the Application. Should the User authorize auto-recurring periodic subscription, either with the third-party account or through the Services, it shall continue to renew automatically, even in the event that the User erases their account or deletes any applications from their device. DELETING AN ACCOUNT WITH SERVICE PROVIDER OR DELETING THE APPLICATION FROM A DEVICE DOES NOT CANCEL A SUBSCRIPTION. Service Provider will retain all funds charged to User’s Payment Method until the User properly cancels their subscription. Service Provider reserves the right to correct any billing errors or mistakes that Service Provider makes even if it has already requested or received payment. Should the User initiate a chargeback or otherwise reverse a payment made via the Payment Method, Service Provider may, in its sole discretion, immediately terminate User’s account. In the event that a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and User does not edit their Payment Method information or cancel his/her subscription, User shall remain responsible for any uncollected amounts and authorize Service Provider to continue billing the Payment Method, as it may be updated. The terms of User’s payment will be based on User’s Payment Method and may be determined by agreements between User and the financial institution, credit card issuer, or other provider of User’s chosen Payment Method.
5. REFUNDS. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Service Provider may make an exception if a refund for a subscription offering is requested within fourteen (14) days of the transaction date, or if the laws applicable in User’s jurisdiction provide for refunds. For Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin, the following terms apply: the User may cancel his/her subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date User subscribed. In the event that User dies before the end of the subscription period, User’s estate shall be entitled to a refund of that portion of any payment User had made for subscriptions which is allocable to the period after User’s death. In the event that User becomes disabled (such that User is unable to use the Services) before the end of the subscription period, User shall be entitled to a refund of that portion of any payment made for User’s subscription which is allocable to the period after User’s disability by providing the company a refund notice. In the event that the User purchased their subscription through Apple or the Google Play Store, such refunds must be processed through their customer service.
6. RIGHTS SERVICE PROVIDER GRANTS USER. Service Provider grants the User a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting User use and enjoy the Services’ benefits as intended by Service Provider and permitted by this Agreement. User agrees not to: (i) use the Services or any content contained in the Service for any commercial purposes without the Service Provider’s consent; (ii) copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without Service Provider’s prior written consent; (iii) express or imply that any statements User makes are endorsed by the Service Provider; (iv) use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (v) use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services; (vi) upload viruses or other malicious code or otherwise compromise the security of the Services; (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services; (viii) “frame” or “mirror” any part of the Services without Service Provider’s prior written authorization; (ix) use meta tags or code or other devices containing any reference to Service Provider or the Services (or any trademark, trade name, service mark, logo or slogan of Service Provider) to direct any person to any other website for any purpose; (x) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so; (xi) use or develop any third-party applications that interact with the Services or other users’ content or information without Service Provider’s written consent; (xii) use, access, or publish the application programming interface without the Service Provider’s written consent; (xiii) probe, scan or test the vulnerability of the Services or any system or network; and (xix) encourage or promote any activity that violates this Agreement. Service Provider may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Services, including termination of User’s account.
7. RIGHTS USER GRANTS SERVICE PROVIDER. By creating an account, User grants to Service Provider a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, maintain, and distribute information User authorizes the Service Provider to access from third parties, such as Facebook, Google, or Apple, as well as any information User posts, uploads, displays, or otherwise makes available (collectively, “Post”) on the Services or transmit to other users (collectively, “Content”). Service Provider’s license to User’s Content shall be non-exclusive, except that Service Provider’s license shall be exclusive with respect to derivative works created through use of the Services. For example, Service Provider would have an exclusive license to screenshots of the Services that include User’s content. In addition, so that the Service Provider can prevent the use of User’s content outside of the Services, User authorizes the Service Provider to act on User’s behalf with respect to infringing uses of User’s content taken from the Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on User’s behalf if User’s content is taken and used by third parties outside of the Services. Service Provider’s license to User’s content is subject to User’s rights under applicable law (for example laws regarding personal data protection to the extent any content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. User agrees that any content User places or authorizes the Service Provider to place on the Services may be viewed by other users and may be viewed by any person visiting or participating in the Services (such as individuals who may receive shared content from other users). User agrees that all information that User submits upon creation of their account, including information submitted from User’s Facebook account, is accurate and truthful and User has the right to post the content on the Services and grant the license to the Service Provider. User understands and agrees that the Service Provider may monitor or review any content User posts as part of the Services. Service Provider reserves the right to delete any content, in whole or in part, that in Service Provider’s sole judgment violates this Agreement or may harm the reputation of the Services. When communicating with Service Provider’s customer care representatives, User agrees to be respectful and kind. Threatening, harassing, or offensive behavior towards the agents, employees, or contractors of the Service Provider will not be tolerated and will result in the termination of the Services for the User. In consideration for Service Provider allowing User to use the Services, User agrees that the Service Provider, Service Provider’s affiliates, and Service Provider’s third-party partners may place advertising on the Services. By submitting suggestions or feedback to Service Provider regarding the Services, User agrees that the Service Provider may use and share such feedback for any purpose without compensating User. User acknowledges and agrees that the Service Provider may access, preserve and disclose User’s account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third-parties; (iv) respond to User requests for customer service; or (v) protect the rights, property or personal safety of the Service Provider or any other person.
8. PRIVACY. By using our App, you agree to the collection, use, and storage of your personal and non-personal information in accordance with the Payload Privacy Policy, including, but not limited to, the collection of your location information, such as your GPS coordinates.
9. PROPRIETARY RIGHTS. The Services Provided by Service Provider under this Agreement are not performed on a “work for hire” basis and therefore, the intellectual property rights related to any Services, including, but not limited to all the ideas, concepts, plans, techniques, designs, models, inventions, processes, methodologies, discoveries, formulae, software (other than third party software) of every kind (including all software deliverables, routines, algorithms, applications, programs, operating environments, databases, interfaces or patches), technology, improvements, materials, works of authorship, documentation, programming aids or trade secrets developed, created, designed, invented, authored, or conceived by Service Provider or any of Service Provider’s personnel or contractors in respect of any Services or any testing, repairs, fixes, replacements, improvements, enhancements or updates to the Services (collectively, “Intellectual Property”), shall belong exclusively to Service Provider.
10. CONFIDENTIALITY. As a result of our Services, and whether due to any intentional or negligent act or omission, we may disclose to you, or you may discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, strategies, methods and applications, or other aspects of our business (“Confidential Information”). You hereby agree and acknowledge that any and all of our Confidential Information is to be kept strictly confidential and shall be our sole and exclusive property. You hereby agree to use any Confidential Information only for the specific purposes as allowed by the performance of this Terms and Conditions or the Payload Privacy Policy. Any disclosure of the Confidential Information to any third party is strictly prohibited, and we reserve all rights and remedies for such disclosures. As any disclosure of such information would irreparable damage, you acknowledge and agree that monetary damages would provide an insufficient remedy for the breach, and we shall be entitled to injunctive relief.
11. LEGAL COMPLIANCE. You hereby warrant that you are legally able to transport shipment upon your vehicle, and will comply with any and all laws, rules, statutes, and regulations that may include, but not limited to, any and all local, state, and federal licensing requirements.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE PROVIDER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER’S CONTENT, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY TO USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY USER TO SERVICE PROVIDER DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT USER FIRST FILES A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST SERVICE PROVIDER, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF USER’S REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO USER.
13. INDEMNITY. You agree to defend, indemnify, and hold Payload Innovations, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected to: (i) your access, use, or misuse of the Services, (ii) the information you provide to us or other users of the Service; and (iii) any violation by you of this Terms and Conditions.
14. CONTENT. Although Service Provider reserves the right to review and remove content that violates this Agreement, such content is the sole responsibility of the user who posts it, and Service Provider cannot guarantee that all content will comply with this Agreement. If User sees content on the Services that violates this Agreement, User is required to report it within the Services.
15. USE OF SERVICES. Your rights to use our Services are expressly conditioned on the following:
a. You agree and understand that the Services, including any content, contains proprietary and confidential information, and that you will not engage in, or encourage others to engage in, any unauthorized use of any content, information, or materials;
b. You agree not to use any automated means or interface not provided to you by us to access the Services or to extract data;
c. You agree not to perform any fraudulent activity or accessing any other user account without permission;
d. You agree to comply with all applicable domestic laws, statutes, ordinances, regulations at all times;
e. You agree not to use the Services while driving and to either only use the Services after your vehicle has come to a complete stop at an appropriate location permitted by law, or have a passenger other than the driver that can use the Services, providing that it does not interfere or distract the driver of the vehicle; and
f. You agree that the use of the App may incur third party fees, such as the fees charged by your Mobile Carrier for data usage. You further agree that you are solely responsible for the payment of all such fees.
Any violation of this Section 14 may result in termination of your account.
16. MISCELLANEOUS
a. Third Party Services. The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Service Provider is not responsible for the availability (or lack of availability) of such external websites or resources. If User chooses to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. Service Provider is not responsible or liable for such third parties’ terms or actions.
b. User Acceptance. User shall be responsible for ensuring the integrity and security of their account on the Services or any website of the Service Provider and will inform Service Provider of any breach of security in their online account as soon as reasonably possible. User guarantees and warrants that no unauthorized party will access the User’s account.
c. Waiver. No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
d. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.
e. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
f. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Georgia and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
g. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
h. Survival. Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Laws, Confidential Information, Governing Law, Submission to Jurisdiction and Survival.
i. Amendment and Modification. These Terms and Conditions may only be amended or modified in a writing stating specifically that it amends these Terms and Conditions and is signed by an authorized representative of each Party.
j. Attorneys’ Fees & Costs of Collection. In the event that Service Provider should have to bring suit or seek equitable relief in connection with this Agreement or due to User’s failure to pay amounts due under this Agreement or failure to abide by the terms contained within this Agreement, User shall be responsible for Service Provider’s costs of collection and reasonable attorneys’ fees and expenses in connection with any future litigation, equitable proceeding, or arbitration. Should the matter not proceed to suit but Service Provider incurs cost in attempting to collect amounts due under this Agreement or otherwise enforcing the terms of this Agreement, User shall pay all costs and expenses in connection with doing so including but not limited filing fees and reasonable fees payable to attorneys or to collection agencies.
k. Electronic Delivery. The Parties agree that they may decide to deliver any documents related to this Agreement or any notices required by applicable law or the Parties’ corporate books or records by email or any other electronic means, and the Parties consent to (i) conduct business electronically, (ii) receive documents and notices by electronic delivery, (iii) sign documents electronically, and (iv) to participate through an online or electronic system established and maintained by the Parties or a third party designated by the Parties. USER ACKNOWLEDGES THAT USER’S ELECTRONIC SUBMISSIONS CONSTITUTE USER’S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR THE AGREEMENTS AND TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. USER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS USER ENTERS INTO WITH THE SERVICE PROVIDER, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
l. Satisfaction. By utilizing the Services the User represents, warrants, and agrees that they have read the Agreement including the Terms and Conditions contained therein, understand its terms, and acknowledge the same shall be binding upon them.
Notice to California subscribers. You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. For customer support, please contact us at info@freightmateapp.com.