If you do not agree to these Terms, you may not access the Services. Other than with respect to any motor carrier or shipper agreement with Freight App, Inc., to the extent that any prior agreements or arrangements with you are inconsistent with these Terms, these Terms expressly supersede such prior agreements or arrangements. For the avoidance of doubt, terms contained in any shipper, motor carrier, or other agreement (as applicable) with Freight App, Inc., are controlling on the parties to the extent these Terms do not cover or are inconsistent with the terms of any such agreement. Your use of the Services may also be governed by additional terms and conditions provided in any agreement with Freight App, Inc.
Freight App, Inc. may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Services any portion thereof, at any time for any reason.
We may change these Terms from time to time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new effective date. These Terms will remain in full force and effect while you use the Services. We may terminate these Terms at our discretion.
YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
I. Right to Use Services
Subject to your compliance with these Terms, Freight App, Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by Freight App, Inc.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in writing by Freight App, Inc.; (iii) decompile, reverse engineer or disassemble the Services except as expressly permitted in writing by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
The Services and all rights therein are and shall remain Freight App, Inc.’s property or the property of Freight App, Inc.’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Freight App, Inc.’s company names, logos, product and service names, trademarks or services marks or those of Freight App, Inc.’s licensors.
II. Transportation; User Provided Content; Contact
FREIGHT APP, INC. IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT, DOCUMENT, OR WEBPAGE SHALL BE CONSTRUED TO IMPLY FREIGHT APP, INC. IS A MOTOR CARRIER.
A “motor carrier,” as used in these Terms, means a motor carrier as defined by 49 USC § 13102(14) with authority issued by the federal and applicable state governments to haul freight for hire. Freight App, Inc. is a federally licensed freight broker as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration.
For purposes of these Terms, “driver” shall mean those motor carrier employees, contractors, owner-operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier. The motor carrier shall be solely responsible for controlling the method, manner, and means of accomplishing the motor carrier’s services. If the motor carrier elects to provide access to the Services to its drivers, any directions, instructions or other information provided through the Services are provided by the motor carrier to the driver.
In no way does Freight App, Inc. warrant or represent that the motor carrier or its drivers will render the transportation services free from error, nor does Freight App, Inc. assume responsibility or liability for any actions inactions of the motor carriers or its drivers. Any transportation services that are accepted by a motor carrier or any employee, contractor, or other service provider of the motor carrier on behalf of a motor carrier using the Services are subject to the rates and charges indicated on the Services and the terms and conditions of the applicable agreement entered into between such motor carrier and Freight App, Inc.
If you are a motor carrier employee, contractor, owner-operator under contract with the motor carrier, employee of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier, you agree that all charges and compensation due to you as an employee, contractor, or other service provider of the motor carrier are the sole responsibility of the motor carrier with whom you contract and not Freight App, Inc.
User Provided Content
Freight App, Inc. may, in its sole discretion, permit you to submit, upload, publish or otherwise make available through the Services textual and other visual content and information, including commentary, information related to the Services, and feedback related to the Services and initiation of requests for support (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Freight App, Inc., you grant Freight App, Inc. a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. For the avoidance of doubt, Freight App, Inc. has not agreed and does not agree to treat as confidential any feedback provided in connection with the Services, and nothing in this agreement will restrict Freight App, Inc.’s right to use, profit, disclose, or otherwise exploit feedback, without compensating you.
When you upload and/or download User Content in connection with your use of the Services, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Freight App, Inc. cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; (b) access to your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be bypassed, breached, or otherwise jeopardized.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Freight App, Inc. the license to the User Content as set forth herein; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Freight App, Inc.’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is unlawful, obscene, violent, or otherwise offensive, as determined by Freight App, Inc. in its sole discretion, whether or not such material may be protected by law. You further agree to not interfere with, disrupt, or attack any of the Services or distribute material that is or enables malware, spyware, adware, or other malicious code. Freight App, Inc. may, but shall not be obligated to, review, monitor, or remove User Content, at Freight App, Inc.’s sole discretion and at any time and for any reason, without notice to you.
Upon termination of these Terms, Freight App, Inc. will not be liable to you for any liability relating to the deletion of User Content provided to Freight App, Inc. in connection with the Services or otherwise.
Contact Between You and Freight App, Inc.
You agree that Freight App, Inc. may contact you by telephone, e-mail, text messages, or through other means of messaging provided on Freight App, Inc.’s website, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any goods or services. You also understand that you may opt out of receiving messages from Freight App, Inc. at any time by contacting us at email@example.com. You further understand that should you opt-out of certain means of contact, Freight App, Inc. may not be able to provide Services to you, or support in connection with Services.
You agree (i) to maintain the security of your website user identification name, password, and other confidential information relating to the Services and/or the accounts, which you have been granted access relating to the Services; and (ii) to notify Freight App, Inc. as soon as reasonably practicable of any real or suspected unauthorized use of such accounts. The Services may contain links to third party websites, services, and advertisements. Freight App, Inc. is not responsible for the conduct, representations, offers, or proposals for offers that may be made by third parties publishing advertisements through the Services.
III. Release; Disclaimer; Indemnity; Limitation of Liability
YOU HEREBY WAIVE AND RELEASE FREIGHT APP, INC. (AND ITS SUPPLIERS, DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, FREIGHT APP, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FREIGHT APP, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD FREIGHT APP, INC. (AND ITS SUPPLIERS, DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES AND YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS.
LIMITATION OF LIABILITY
FREIGHT APP, INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FREIGHT APP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREIGHT APP, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) YOUR INABILITY TO BOOK, ACCEPT, MODIFY, MONITOR, OR TAKE ANY OTHER ACTIONS WITH RESPECT TO THE SERVICES OR OTHERWISE, OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FREIGHT APP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREIGHT APP, INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FREIGHT APP, INC.’S REASONABLE CONTROL. IN NO EVENT SHALL FREIGHT APP, INC. BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES OR OTHERWISE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION.
IV. Dispute Resolution and Other Provisions
By acceptance of the Terms, you agree to resolve through final and binding arbitration any claim between you and Freight App, Inc. (including its suppliers, directors, owners, officers, employees, agents, successors, and assigns), regarding any aspect of your use of the Services, including these Terms and other policies incorporated here by reference (collectively, “Disputes”). You agree to submit to a single arbitrator at the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules.
You further agree that the Federal Arbitration Act governs the arbitrability of all Disputes between you and Freight App, Inc. The arbitrator will decide whether the Dispute can be arbitrated. You and Freight App, Inc. agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving other persons in any proceeding against Freight App, Inc.
Claim for Copyright Infringement
Freight App, Inc. respects the intellectual property rights of its users and others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Freight App, Inc. will respond expeditiously to claims of copyright infringement committed through the use of the Services. Claims of copyright infringement should include the following information: (i) identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website(s) where such material may be found; (iii) provide your mailing address, telephone number, and, if available, email address; (iv) include a statement that the information in the notification is accurate under penalty of perjury and that you are authorized to act on behalf of the copyright owner; and (v) provide your full legal name and your electronic or physical signature.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.