XPRESS TECHNOLOGIES TERMS OF SERVICE
Please read the following Terms of Service (“Terms”) carefully because they govern your use of the Haulynx, Inc. (“Haulynx,” “we” or “us”) website, the Haulynx Electronic Logging Device (ELD), the Haulynx mobile application, the Haulynx network, and other associated Haulynx products. By using our Services, you agree to be bound by these Terms of Service. If you have any questions regarding the terms set forth in this agreement, you may contact us at XTSupport@usxpress.com.
1. Description of Service
1.1. The “Service(s)” means Haulynx’s Electronic Logging Device, the associated fleet management and load distribution software, the Haulynx website, the Haulynx mobile application, and all associated software. The Services also include all associated hardware, including the Electronic Logging Device, cables, display devices, and accessories (“Hardware”), and all of Our Content (as defined below). The Services do not include Your Data (as defined below), or any software application or service that is provided by you or a third party, which you use in connection with the Services, whether or not they constitute a Haulynx integrated product or a Non-Haulynx product. Any modifications or additional features added to Haulynx’ Service in the future are also governed by these terms. All rights, title and interest in and to the Service and its components (including all intellectual property rights) belong exclusively to Haulynx, including the rights to any text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, de-identified and aggregated data collected by the Services, and information or other materials that are posted, generated, provided or otherwise made available by us through the Services (“Our Content”).
2. Agreement to Terms
2.2. PLEASE BE AWARE THAT THIS AGREEMENT IS SUBJECT TO AN ARBITRATION CLAUSE LOCATED IN SECTION 13 OF THIS AGREEMENT. PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS AND THE RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. 3. Your Access and Use of the Services
3.1. You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by Haulynx in its sole discretion). See Section 11 below for further provisions outlining prohibited uses of the Services. You must comply with any codes of conduct, policies, storage limitations, or other notices Haulynx provides you or publishes in connection with the Services from time to time, but if any of those policies materially change the Terms, we will provide you with reasonable notice as provided in Section 5 below.
3.2. Any Software or Hardware or any of Our Content that may be made available by or on behalf of Haulynx in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, Haulynx only grants you a personal, non-exclusive and revocable license to use the object code of any Software solely in connection with the Service. You may not sublicense any rights or license granted by this Agreement. Any rights not expressly granted herein are reserved.
3.3. Subject to your compliance with these Terms, Haulynx grants you a limited, non-exclusive, non-transferable, and revocable license to download and install a copy of the Haulynx App on a mobile device or computer that you own or control and to run such copy of the App. Haulynx reserves all rights in and to the App not expressly granted to you under these Terms.
3.4. You may not share your Account information with, or allow access to your Account by, any third party. You are solely responsible for all activity that occurs under your access credentials, whether or not a third party accesses your Account.
3.5. Notwithstanding Section 3.4, you may allow other certain users, e.g. employees, independent contractors, and other third parties, (“End Users”) to access the Services in accordance with these Terms. To the extent that you create any Accounts for other users of the Services, direct us to create any Accounts for End Users, or allow End Users to access the Services, you are responsible for all End Users’ activity and ensuring that they are in compliance with these Terms.
3.6. You may specify certain End Users as “Administrators” through the administrative console. Administrators may have the ability to access, disclose, restrict or remove Your Data in or from Services accounts. Administrators may also have the ability to monitor, restrict, or terminate access to Services accounts. Haulynx’s responsibilities do not extend to the internal management or administration of the Services, and you are responsible for the activities of any Administrator and ensuring that any Administrator is in compliance with these Terms.
3.7. To the extent that you allow End Users and Administrators to access the Services or create, or direct us to create, any Accounts for other users, you are responsible for (i) maintaining the confidentiality of usernames and passwords, (ii) managing access to End User Accounts and other Accounts which you create, and (iii) ensuring that all End Users and users of other Accounts which you create are in compliance with these Terms.
3.8. To the extent that you allow End Users to use the Hardware, you are solely responsible for such End Users’ use of the Hardware, including any damage to or misuse of such Hardware.
3.9. You agree to prevent any unauthorized access or use by End Users or other users of Accounts and terminate any unauthorized use of or access to the Services.
3.10. You may not sell, resell or lease the Services unless you have entered into a separate agreement with Haulynx to do so.
3.11. You shall promptly notify Haulynx if you learn of a security breach related to the Service.
3.12. You assume sole responsibility for your driving logs and for complying with all state and federal regulation including, but not limited to, FMCSA Hours of Service of drivers.
4. Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data
4.3. Your acceptance of these Terms does not grant us full ownership of all of Your Data. As between Haulynx and you, you are only granting us the rights and licenses necessary to provide our Services to you and any other services for which you have signed up through any of our resellers, business partners and affiliated businesses (This includes Shippers and Brokers who use the Haulynx network to distribute loads). In order for us to provide the Services to you, we need to be able to transmit, store, copy and analyze Your Data. In addition, we need to be able to use the information contained in your data to provide you with the Services that we, our business partners, and affiliates make available to you. This information may include the location of your vehicles, the available hours of service for the driver of your vehicle, and other information related to the location and operation of your equipment. We will also use this information in order to display it to you and to those with whom you share it, to index it so you are able to search it, to make backups to prevent data loss, to send your submissions and messages through our platform, and so on.
For example, if you submit documents or send messages via the Haulynx network, you are granting us a royalty-free, perpetual, sub licensable, irrevocable and worldwide license for us to transform, modify, reproduce, display, perform and distribute such documents and messages for your and other members of the Haulynx networks use of the Services.
Your acceptance of these Terms gives us the permission to do so and grants us any such rights and licenses necessary to provide the Service to you, and any other services or products for which you have signed up through any of our resellers, business partners and affiliated businesses. For example, if you have agreed to share any of Your Data, or any other data we collect in connection with your use of the Services, with one of our partners or affiliates or other third party, you grant us the rights and licenses to share or deliver such data. This permission includes allowing us to use third-party service providers (such as Google or Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
If you authorize a third party to receive Your Data, we may provide Your Data to a third party. If we have an agreement with such third party to market the Services or otherwise provide services or products to you, either jointly or separately, we may rely on a representation from that third party that you have authorized such third party to receive Your Data.
FOR CLARIFICATION PURPOSES, YOU GRANT US THE NECESSARY LICENSES TO YOUR DATA FOR US TO CREATE AGGREGATED AND DE-IDENTIFIED DATA FOR OUR USE IN PROVIDING THE SERVICES AND OTHERWISE. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, WE MAY USE AND SELL SUCH AGGREGATED AND DE-IDENTIFIED DATA, WHICH IS COMPILED FROM OUR USERS, AND DOES NOT DIRECTLY IDENTIFY YOU, FOR ANY PURPOSE WE SEE FIT.
4.3(a). NON-SOLICITATION OF SHIPPER’S BUSINESS. Haulynx is not a licensed Freight Broker, and does not distribute loads directly on behalf of Shippers. Haulynx acknowledges that Freight Brokers using the Haulynx load distribution network will reveal certain information relating to their Shipper/Customers. Haulynx further acknowledges that the use of this information to solicit load distribution business from these Shipper/Customers would create an unfair competitive advantage for Haulynx. Moreover, Haulynx recognizes that each Freight Broker’s relationships with its Clients are extremely valuable to it and that the protection of the Freight Broker’s relationships with its Clients is essential. Accordingly, and in consideration of the Freight Broker’s payment for the use of Haulynx’s load distribution network, Haulynx agrees that during the period of the Freight Broker’s business relationship with Haulynx, and for a period of three (3) years following the termination of any business relationship, Haulynx will not directly solicit or accept any load distribution business from any Shipper who has been identified by any Freight Broker as a Shipper/Customer. Nor will Haulynx disclose to any other Freight Broker, or other third party, any information relating to any other Freight Broker’s relationship with any other Shipper/Customer. THIS PROVISION DOES NOT APPLY TO SHIPPERS WHO CONTACT HAULYNX DIRECTLY, AND ARE THEREBY INTRODUCED TO FREIGHT BROKER BY HAULYNX. NOR DOES THIS PROVISION PROHIBIT HAULYNX FROM DISTRIBUTING LOADS FROM MULTIPLE BROKERS THAT COME FROM THE SAME SHIPPER PROVIDED THAT HAULYNX HAS NOT VIOLATED ITS DUTY OF CONFIDENTIALTY TO EITHER FREIGHT BROKER.
4.4. You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services. You represent and warrant that you own all Your Data or you have all rights that are necessary to grant us the license rights in Your Data under these Terms. You also represent and warrant that neither Your Data, nor your use and provision of Your Data, nor any use of Your Data by Haulynx on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Services. Should you be in violation of these Terms, we have the right to remove any of Your Data causing such violation.
4.5. The Services provide features that allow you and your End Users to share Your Data and other materials with others. For example, certain information and data must be shared with Shippers and Brokers in order for them to offer you loads via the Haulynx network. When you choose to share Your Data through our Services, you are granting us the necessary rights and licenses to do so. Please consider carefully what you allow to be shared.
4.6. While you retain ownership in all rights to your feedback and suggestions, you agree that by submitting suggestions or other feedback regarding our Services or Haulynx, Haulynx may use such feedback for any purpose without compensation to you. We appreciate all of your feedback and suggestions, and you can submit feedback by emailing us at feedback@Haulynx.com.
4.7. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register or sign up for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at XTSupport@usxpress.com.
5. Changes and Modifications to Terms of Service
5.1. We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Limitations on Services and Third-Party Relationships
6.1. Haulynx is not a party to any relationships or agreements between you and any third parties for the performance of any duties between the parties, and does not have control over and disclaims all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any professional duties performed by you or other users of the Services. Haulynx acts only as an interface to facilitate — not to direct or control — communications between users of Haulynx’s Services.
7. Who May Use the Haulynx Services
7.1. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Haulynx and are not barred from using the Services under applicable law.
7.2. If you want to access and use the Services, you’ll have to create an account (“Account”). You can do this via the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
7.3. Shippers, Carriers, and Freight Brokers. If you are using the Haulynx network as a commercial shipper, agent or broker (collectively, “Shippers”),or as a Carrier, you also agree to the additional terms in this section: Any Shipper must be a bona fide shipper, freight broker, third-party logistics provider (“3PL”), freight forwarder, motor carrier, or other properly licensed entity to operate and to enter into an agreement of this nature. You must maintain all proper legal authority to conduct any transaction via the Haulynx network. You will cease to use the Service immediately if for any reason you no longer maintain such authority. You will not represent yourselves as operating under the authority of any company without express permission from such company. You will not attempt to broker freight without proper legal authority. You will not enter into any transaction to transport freight without the appropriate carrier authority. You will not enter into any transaction to transport freight without the appropriate level of insurance coverage or bond, nor will you misrepresent the level of insurance coverage or bond you have in place.You acknowledge that your use of the Haulynx network is solely for your commercial purposes related to your movement of freight or other services and that you may not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.You acknowledge that you are responsible for verifying the accuracy of any information provided via the Haulynx network, including but not limited to any information about loads, trucks or equipment. You may not rely solely on the information provided to you via the Haulynx network, and agree that you will independently verify any such information. You agree that neither Haulynx, nor the Haulynx network, is liable to your or responsible to you or the recipient of your shipments for any shipments you contract for through our Service that may become lost or cannot be located while in transit. You agree that tracking the locations of your shipments through the Service does not guarantee your shipments will be delivered at the time you specified. You agree not to ship and track through our Service contraband, stolen products, products that are illegal to transport via freight, or any other products we consider inappropriate.Haulynx does not provide transportation services, and the Service is not a transportation carrier. It is up to the third party transportation provider, driver or vehicle operator to offer transportation services which may be scheduled through use of the Haulynx network. The Service offers information and a method to obtain such third party transportation services but does not and does not intend to provide transportation services in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to you by such third parties. As a Carrier, we will use the information you provide us and the Data we obtain to suggest, offer, promote or connect you with potential loads or 3PL parties. You also approve our use of and display of your Carrier safety ratings and insurance certificate, as provided by the FMCSA, a third party, or any other authority, and agree that Haulynx shall have no liability to you or any third party for any incorrect or inaccurate data contained in such ratings. By using the Service you agree your contact information may be displayed, used, and accessed by any other user of the Haulynx network. Contact information includes but is not limited to, your name, your company name, your MC and/or DOT numbers, your phone number and your email address. You understand and acknowledge that it is the users of the Service who provide the contact information and that Haulynx makes no warranty regarding the accuracy of any such contact information. Location Based Services. The Haulynx network relies on location, hours of service, and other data obtained from the ELD and AOBRD devices located in your trucks to offer loads to Carriers. Haulynx, its affiliates, and certain third-party vendors may also offer additional features and services based on this data. BY SIGNING UP FOR THIS SERVICE YOU ARE AGREEING TO ALLOW HAULYNX, ITS AFFILIATES, AND CERTAIN THIRD-PARTY VENDORS TO USE THIS DATA TO OFFER YOU LOADS AND OTHER SERVICES. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION, AND HAULYNX DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION BASED SERVICES. Haulynx may use third party services as part of its Location-based-Services, including but not limited to Google maps. By using our apps you agree to be bound to the terms of such Location-based-Services. 8. Warnings About Connections Between Drivers and Companies
8.1. The Services enable a commercial motor vehicle driver (“Driver”) to connect directly with a motor carrier (“Company”), allowing Drivers to send messages and automatically share their driving logs, documents, location information and other data (“Driver Data”) with the Company. When Drivers connect with a Company through the Services, the Company’s employees and other third parties who are also connected to that Company (“Fleet Users”) may access Driver Data for all Drivers who are connected to that same Company.
8.2. If a Driver connects with a Company, the Driver should be aware that the Driver’s Driver Data will be automatically shared with that Company and its Fleet Users and that Company and its Fleet Users will be able to send messages to that Driver. Please consider carefully the parties with whom you choose to connect and what you choose to share. Haulynx’s role in this process is solely to provide the technology and platform that enables these Services. Please see Sections 3 & 4, above, and Section 11, below, as well as the rest of these Terms, for further specific provisions outlining your responsibility for anything shared through the Services.
9. ALL HAULYNX SOFTWARE AND HARDWARE IS PROVIDED TO CARRIERS FREE OF CHARGE. NO CARRIER IS EVER CHARGED FOR HAULYNX SERVICES.
9.2. Haulynx Receives Compensation From Third-Parties. Haulynx does receive compensation from Freight Brokers who use its Services to distribute loads to Carriers. Haulynx does not charge Carriers for load distribution, but you acknowledge that the fact that Freight Brokers are required to compensate Haulynx may have some effect on the amount of compensation you receive for a load. Haulynx may also receive compensation from other third-parties who provide goods and services to Carriers through the Haulynx network.
9.1 Hardware Installation. You are solely responsible for installing the Hardware in accordance with Haulynx’s written instructions. You acknowledge that you’re aware that in order to install the Hardware you may choose to drill holes in your vehicle, and you agree that Haulynx is not liable for any cost, expense or damages arising from the installation of the Hardware. Haulynx is not responsible for any damage arising from installation of the Hardware that does not follow Haulynx’s written instructions. In some instances, Haulynx may assist you in installing hardware into your vehicles.
9.2. Terms Related to Haulynx-Owned Hardware
(i) Ownership of the Hardware. Notwithstanding delivery of the Hardware to you and your license to use the Services, unless you have purchased the Hardware in full from Haulynx, Haulynx retains ownership of the Hardware and the software contained therein. The hardware is provided solely in conjunction with the use of Haulynx Electronic Logging Device, AOBRD Device, and associated Services. If you do not install the hardware, and activate your account within thirty (30) days of the receipt of the hardware you must return it to Haulynx pursuant to the provisions contained in Paragraph 9.2(ii).
(ii) Return of Haulynx-Owned Hardware. At the end of the initial term specified on the Order Form or as such term is extended by further agreement between you and Haulynx (“Term”), or if the Services have been terminated for any other reason, you must, at your own expense, uninstall, package and return the Hardware to Haulynx within 30 days of the end of the Term, in reasonable condition allowing for wear and tear. If we haven’t received the Hardware within 30 days of termination of the services, or if the Hardware is returned in damaged condition, we will charge you $100 per unit of unreturned or damaged Hardware, so please ensure that you promptly return your Hardware.
(iii) Your Responsibility for the Hardware. Except for with respect to our gross negligence or willful misconduct, you are responsible for the loss of, damage to, or the entire cost of any necessary service or repair of the Hardware. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the Hardware.
(iv) Material Defects. If you report to us, in writing, a material defect in the Hardware we will determine, at our sole discretion, the proper course of action to take. This may include a diagnostic test of the Hardware or a complete replacement. You agree that Haulynx will not compensate you in any way for a material defect to the Hardware. After all, the Service is free.
9.3. Customer Service. In the event the Hardware does not operate, please contact us by emailing us at XTSupport@usxpress.com or by calling us at (602) 325-1240.
9.4. Limited Warranty; Disclaimers
9.4.1. We warrant that during the applicable subscription term for the Services, the Services and Hardware will be free of defects in materials and workmanship under normal use and service and shall substantially conform with instruction manuals, user guides, and other information provided by Haulynx, or posted to its website, provided that such warranty is limited by these Terms; provided, however, that the remedies provided for in this Section 9 and the Hardware Warranty, if applicable to you, are the only remedies available for defective Hardware and/or Services.
9.4.2. The Hardware connects to the battery of your vehicle and consumes a small drain on your vehicle’s battery, which may adversely affect your vehicle while not in operation. Haulynx is not liable for any consequences of the battery drain associated with use of the Hardware or the Services.
9.4.3. The warranties provided herein and any remedies for such warranties are null and void in the event of (a) any alteration, modification or special configuration or installation or removal of the Hardware, the embedded software or the Software without following Haulynx’s written instructions; (b) accidents affecting the Hardware, misuse, tampering with, abuse, neglect or damage to the Hardware; (c) use of the Services not in the ordinary course of your business operations; (d) connecting the Hardware to an improper voltage supply; (e) water, weather or physical damage; or (f) use of the Hardware with accessories and/or devices which are not approved by Haulynx.
11. General Prohibitions
11.1. IT IS STRICTLY FORBIDDEN TO USE THE HAULYNX APP WHILE DRIVING. OBVIOUSLY IT IS EXTREMLY DANGEROUS TO OPERATE A TRACTOR TRAILOR WHILE READING AND PROCESSING INFORMATION FROM A SCREEN. PULL OVER TO A SAFE AREA BEFORE USING THE APP.
11.2. You further agree not to do any of the following:
11.2.1. Post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
11.2.2. Use, display, mirror or frame the Services, or any individual element within the Services, Haulynx’s name, any Haulynx trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Haulynx’s express written consent;
11.2.3. Access, tamper with, or use non-public areas of the Services, Haulynx’s computer systems, or the technical delivery systems of Haulynx’s providers;
11.2.4. Attempt to probe, scan, or test the vulnerability of any Haulynx system or network or breach any security or authentication measures;
11.2.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Haulynx or any of Haulynx’s providers or any other third party (including another user) to protect the Services;
11.2.6. Attempt to access or search the Services or download any Software or Our Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Haulynx or other generally available third party web browsers;
11.2.7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
11.2.8. Use any meta tags or other hidden text or metadata utilizing a Haulynx trademark, logo, URL or product name without Haulynx’s express written consent;
11.2.9. Use the Services for the benefit of any third party or in any manner not permitted by these Terms;
11.2.10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
11.2.11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11.2.12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
11.2.13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
11.2.14. Impersonate or misrepresent your affiliation with any person or entity;
11.2.15. Violate any applicable law or regulation; or
11.2.16. Encourage or enable any other individual to do any of the foregoing.
11.3. Although we’re not obligated to monitor access to or use of the Services or to review or edit any of Services or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Our Content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Our Content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Additional Terms for Apple Apps
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (each an “App Store App”), but the following additional terms also apply to App Store Apps:
(i) Both you and Haulynx acknowledge that the Terms are concluded between you and Haulynx only, and not with Apple, and that Apple is not responsible for App Store Apps or the Content;
(ii) The App Store Apps are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(iii) You will only use the App Store Apps in connection with an Apple device that you own or control;
(iv) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Apps;
(v) In the event of any failure of the App Store Apps to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App Store App;
(vi) You acknowledge and agree that Haulynx, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App Store App;
(vii) You acknowledge and agree that, in the event of any third party claim that the App Store App or your possession and use of the App Store App infringes that third party’s intellectual property rights, Haulynx, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(viii) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(ix) Both you and Haulynx acknowledge and agree that, in your use of the App Store App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(x) Both you and Haulynx acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.13. Arbitration Agreement, Dispute Resolution and Releases
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Unless otherwise agreed to by both parties in writing, you and Haulynx agree that, in order to expedite and control the cost of any disputes, any legal or equitable claim arising out of or relating in any way to your use of the Services, or any use of the Services by a user to whom you provide access to your Account, or arising out of or relating to these Terms and the Hardware Warranty (“Claim”) will be resolved as follows:
13.1. Informal Dispute Resolution. Except with respect to Claims listed in Section 13.6, below, you and Haulynx agree to attempt to resolve any disputes informally before initiating any arbitration or other formal proceedings, and neither of us may start an arbitration or other formal proceeding for at least 30 days after you contact us or we contact you regarding any dispute (“Informal Negotiation Period”).
13.2. Agreement to Arbitrate. If such dispute is not resolved within 30 days, you or Haulynx may initiate a formal arbitration proceeding in accordance with the terms in this Section 13. Except with respect to Claims listed in Section 13.6, below, you and Haulynx agree to resolve any Claims relating to or arising from the Services, these Terms or the Hardware Warranty through final and binding arbitration in accordance with the terms in this Section 13.
13.3. Arbitration Notice. If either you or Haulynx chooses to start an arbitration proceeding, the party initiating the proceeding will send a notice of its Claim (“Arbitration Notice”) to the other party. You will send your Arbitration Notice by email to XTSupport@usxpress.com and by U.S. mail to:
Haulynx, Inc.21 E. 6th Street, #405TEMPE, AZ 85121
13.4. Arbitration Procedures. Any arbitration proceedings between you and us will be conducted under the commercial rules then in effect for the American Arbitration Association (“AAA”), except with respect to the provision of this agreement which bars class actions in Section 13.8 and any specific rules and procedures explicitly discussed in this Section 13.4. The award rendered by the arbitrator(s) shall include costs of arbitration, reasonable costs of expert and other witness and reasonable attorneys’ fees. For claims less than $10,000, we will advance to you AAA’s filing fees; provided, however, that such fees must be repaid to Haulynx if Haulynx prevails in the arbitration. Please see this link for the AAA’s current rules and procedures or contact the AAA at 1-800-778-7879.
13.5. Non-Appearance-Based Arbitration Option. Except with respect to the exceptions to arbitration below in Section 13.6, for Claims where the total amount of the award sought in arbitration is less than $10,000, the party seeking the award may choose non-appearance-based arbitration. If non-appearance-based arbitration is elected, the arbitration will be conducted online, by telephone, and/or solely based on written submissions to the arbitrator. The specific manner shall be chosen by the party initiating arbitration. Non-appearance-based arbitration involves no personal appearances by parties or witnesses unless otherwise mutually agreed to by the parties.
13.6. Exceptions to the Agreement to Arbitrate.
13.6.1. Notwithstanding the foregoing, the Arbitration Notice requirement and the Informal Negotiation Period do not apply to either law suits solely for injunctive relief to stop unauthorized use of the Services or lawsuits concerning copyrights, trademarks, moral rights, patents, trade secrets, claims of piracy or unauthorized use of the Services.
13.6.2. Either you or Haulynx may assert claims which qualify for small claims court in Phoenix, AZ, or in any United States county in which you either live or work.
13.7. Opting Out of the Agreement to Arbitrate. You have the right to opt-out and not be bound by the binding agreement to arbitrate provided in these Terms by sending written notice of your decision to opt-out to XTSupport@usxpress.com AND by U.S. Mail to Haulynx, 21 E. 6th Street, #405, Tempe, AZ 85121. In order for your opting out to be valid, your notice must be sent within 30 days of first using the Services.
13.8. No Class Actions. Unless you and Haulynx agree otherwise, you may only resolve disputes with us on an individual basis. Class actions, class arbitrations, private attorney general actions and consolidations with other Claims are not allowed. Neither you nor Haulynx may not consolidate a Claim or Claims as a plaintiff or a class member in a class action, a consolidated action or a representative action.
13.9. Consent to Jurisdiction. If the agreement to arbitrate provided for in these Terms is found not to apply to you or your Claim, or if you or Haulynx challenges any arbitration award or seeks to have an arbitration award enforced, you and Haulynx agree that any judicial proceeding will be brought in the federal or state courts located in Phoenix, AZ. You and Haulynx consent and agree to both venue and personal jurisdiction in the federal and state courts located in Phoenix, AZ.
13.10. Release from Third-Party Claims. Because Haulynx is not party to any agreements between you and any third parties or involved in the completion of any associated professional services, in the event that you have a dispute with one or more other Drivers, Fleet Users, Freight Brokers, Shippers, or Companies or other third parties, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release Haulynx (and our officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential)) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
14. Links to Third Party Websites or Resources
14.1. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
15. Digital Millennium Copyright Act
15.1. We respect the ownership rights of artists and other content owners and creators and ask that you do too. We respond to notices that we receive regarding alleged infringement if they comply with the requirements of and process specified in the Digital Millennium Copyright Act of 1998 (“DMCA”). For an overview of the DMCA’s notice and takedown procedures for allegedly infringing material, please see http://www.copyright.gov/legislation/dmca.pdf. For more comprehensive provisions please see http://www.copyright.gov/title17/92chap5.html#512. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
15.2. Upon receipt of a notice which complies with the DMCA, we will take whatever action we deem appropriate, including removing the allegedly infringing content from the Services and limiting or terminating use of the Services for any users who are infringing the property rights of others.
15.3. Please note that this Section is intended to inform you and copyright owners of procedures under the DMCA and to comply with Haulynx’s rights and obligations under the DMCA. This Section does not constitute legal advice, and it may be advisable to contact an attorney concerning your rights and obligations under the DMCA and any other applicable laws.
16.1. These Terms will continue in full force and effect unless and until your Account or these Terms are terminated as described herein.
16.2. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at XTSupport@usxpress.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of the Terms that should, by their nature, survive termination of this Terms will survive termination. Such provisions include, but are not limited to: Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data; Disclaimers; Indemnity; Limitation of Liability; Arbitration Agreement, Dispute Resolution and Release; General Terms; and provisions related to ownership.
16.3. Notwithstanding Section 16.2, please be aware that once your Account has been terminated, we no longer have any obligation to maintain or provide Your Data, and we may delete or destroy all copies of Your Data in our possession or control, unless legally prohibited.
17.1. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND THE HARDWARE WARRANTY, IF APPLICABLE TO YOU, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HAULYNX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY DRIVER, FLEET USER, COMPANY OR OTHER THIRD PARTY. Except with respect to the limited warranty contained herein and in the Hardware Warranty, if applicable to you, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or anything shared by any users of the Services.
17.2. You are solely responsible for your interactions with other users on the Services. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services.
17.3. Neither Haulynx nor its affiliates or licensors is responsible for the conduct of any user of Haulynx’s Services. Your use of the Services and your use of Your Data in connection with the Services and performance of and participation in any professional services is at your sole risk and discretion and Haulynx hereby disclaims any and all liability to you or any third party relating thereto.
18. Limitation of Liability
18.1. NEITHER HAULYNX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAULYNX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18.2. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, HAULYNX DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY PROFESSIONAL SERVICES PERFORMED BY USERS OF OUR SERVICES IN CONNECTION WITH THEIR USE OF THE SERVICES. HAULYNX WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES ARISING OUT OF THE MISUSE OF YOUR USER CONTENT BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, OTHER USERS WITH WHOM YOU HAVE CONNECTED THROUGH THE SERVICES OR ENTERED INTO AN AGREEMENT IN CONNECTION WITH THE PERFORMANCE OF PROFESSIONAL SERVICES. IN NO EVENT WILL HAULYNX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B), IF YOU HAVE ORDERED PREMIUM SERVICES FROM HAULYNX, THE TOTAL AMOUNT OF FEES RECEIVED BY HAULYNX FROM YOU FOR THE USE OF PREMIUM SERVICES DURING THE PAST SIX (6) MONTHS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HAULYNX AND YOU.
18.3. Any cause of action related to the Services or the Terms must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.
19.1. You will indemnify, defend and hold harmless Haulynx and its officers, directors, employees and agents, from and against, and covenant not to sue them for any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Our Content; (ii) Your Data; (iii) your performance of or participation in professional services in connection with your use of the Services or Our Content; or (iv) your violation of these Terms. Haulynx reserves the right to control and conduct the defense of any matter subject to indemnification under these Terms. If Haulynx decides to control or conduct any such defense, you agree to cooperate with Haulynx’s requests in assisting Haulynx’s defense of such matters.
20. General Terms
20.2. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Haulynx’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Haulynx may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
20.3. Governing Law. The Terms and the relationship between you and Haulynx shall be governed by the laws of the State of Arizona.
20.4. Notices. Any notices or other communications provided by Haulynx under these Terms, including those regarding modifications to these Terms, will be given by Haulynx: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20.5. Waiver and Severability. Haulynx’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Haulynx. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any of these Terms are unenforceable, it will not affect the enforceability of the rest of the Terms.
21. Contact Information
If you have any questions about these Terms or the Services please contact us at XTSupport@usxpress.com or at 21 E. 6th Street, #405, Tempe, AZ 85281.
Last modified: March 19, 2019
HAULYNX VALUES YOUR PRIVACY
W value your privacy, and we want you to know that your information is handled with care and in accordance with applicable laws. Haulynx collects information from you at various points through our website, the Haulynx Electronic Logging Device (ELD), the Haulynx mobile device, the Haulynx application, the Haulynx network, and other associated Haulynx products. Haulynx is the sole owner of the information collected on its websites. We will share this information with our affiliates, marketing partners, users of the Haulynx network, and other vendors contracted to do business on our behalf.
Types of Information That Haulynx Collects
(1) Information That You Provide to Haulynx
When a Shipper, Broker, or Carrier creates an account with Haulynx, we collect certain information that you provide to us directly. Additional information may be provided by you when you request support form or otherwise communicate with Haulynx. This information may include names, addresses, insurance policies, driver license information, vehicle registration information, payment information, or any other information that we request and you choose to provide.
(2) Information We Collect Through Your Use of the Haulynx Network
In order to create an efficient load distribution network, Haulynx collects precise, real-time information regarding the location of specific tractors, trailers, and commercial drivers. We also collect information regarding the hours of service of the commercial driver operating a specific tractor-trailer. We also collect certain information regarding bills of lading, the origin and delivery points of loads, and other information about loads. (3) Information Collected Regarding Usage of the Haulynx Website and Related Applications
Haulynx may use third party providers to collect and record data on the use and performance of our websites during your visit (“Usage Data”), which may include without limitation the pages you view, the search terms you enter, your IP address, and personal information that you submit through the website. Usage Data may be collected by Haulynx or its third party provider through “cookies”, log files and other technology. Haulynx uses this information to administer its websites and to improve the services provided to you. Haulynx may share information collected through our websites with suppliers to provide services for us or as required by law or court order. Haulynx may also share Usage Data in an aggregate statistic format with a third party; such statistics would not include personal information.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to personal information, until a user provides that information (see below). If a user rejects or deletes the cookie, he/she may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to receive notification of special offers, or participate in any contests that may take place. Cookies also enable us to track and aggregate clickstream behavior data. By doing this we can better target the interests of our users and enhance their experience on our site.
Haulynx also maintains standard web logs that record data about all visitors to our websites. These logs may contain: (1) The Internet domain from which you access the website; (2) Your IP address (Your computer is automatically assigned an IP address when you surf the Internet; (3) Your IP address is either static or dynamic. A static IP address may be identifiable to you; a dynamic address is usually not identifiable to you; (4) The type of browser and operating system you use; (5) The date and time you visited the website; (6) The pages you viewed on the website; (6) The address of the website from which you linked.
Haulynx uses web log and clickstream information to help us design our site, to identify popular site features and to make the site more useful for visitors. Web logs are recorded in sequential files, and we normally do not attempt to identify individuals from these logs. However, we may use web logs to identify persons attempting to break into, disrupt, or damage our Site. We may share web log information with law enforcement personnel if we believe evidence exists, or is likely to occur, of a violation of federal, state or local laws or regulations.
(4) Information From Other Sources
We may also receive information from other sources and combine that with information we collect through the Services. This may include information obtained directly from the Federal Motor Carrier Safety Administration regarding commercial carriers and drivers, third-party providers of insurance and other information relating to carriers, and information obtained from Shippers, Brokers, or Carriers.
In addition, we may gather additional information from any other services you choose to link to your account. For example, if you choose to link to another application that users the Haulynx API we may receive information regarding your interaction and usage of that application.
Haulynx’s Use of Information
Haulynx uses the information we collect to provide the Haulynx Services. This includes maintaining and improving the Services, facilitating load distribution, facilitating payments, sending important information to, and between, Shippers, Brokers, and Carriers, developing new services and features, providing customer support, authenticating users, and providing important product updates. Haulynx also uses the information to track the status and location of individual units and drivers in the Haulynx Network in order to facilitate the efficient distribution of loads and to track the progress and estimate the delivery time of loads that have been assigned.
Sharing of Information
(1) Sharing With Other Users
We will share certain information with other users to facilitate the efficient distribution and tracking of loads. This may include information regarding the specific unit and driver assigned to a specific load, the location of the unit, and the estimated time it will arrive at a pick up or delivery location. We may also share information with other people when you request us to do so, or in connection with the provision of a product, service or promotional offering made by Haulynx or a third party.
(2) Sharing With the General Public
We will share information with the general public if you choose to create a profile designed to be made generally available to the public.
(3) Sharing With Third Parties
We will share information with third parties at your direction, or when you choose to integrate our Services with those of third parties.
We may also share information with Haulynx affiliated companies for data integration purposes.
We may also share information with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf.
We will share information in direct response to a competent legal authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, ordinance, license, operating agreement, or legal process. This includes law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, or safety of Haulynx or others.
We will share information if we otherwise notify you and you consent to the sharing; and, in an aggregated or anonymous form which cannot reasonably used to identify you.
Your Right to Make Choices Regarding Your Data
If you choose to cancel your account we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our terms of service, we may seek to resolve the issue before deleting your information.
Haulynx will delete the personal data it stores at your request in accordance with applicable law.
Haulynx requires precise location data and information regarding a driver’s hours of service to efficiently distribute loads through the Haulynx network. If you do not want us to collect this information we cannot provide you with the Services.
You may decide to opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Haulynx takes all reasonable precautions to protect information transmitted through our websites, both while the information is being transmitted and after it is received by us. Once your information has been received by us, we use security procedures and policies commensurate with industry standards to safeguard against loss, theft, unauthorized access, destruction, use, modification and disclosure. If you have any questions about the security of our websites, you can send an email to XTSupport@usxpress.com.
Section VILinks to Other Websites
This Haulynx website may contain links to other websites. Please be aware that Haulynx is not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our site and to read the privacy statements of each website that collects personal information. This privacy statement applies solely to information collected by websites controlled and operated by Haulynx.
Section VIIInformation Transmitted Over Wireless Networks
Because certain communications and information collected from your vehicle is provided through wireless and satellite networks, we cannot promise or guarantee that the communications cannot be intercepted by others. You agree that Haulynx will not be liable for any damages for any loss of privacy occurring in communication over such networks.
Section VIIIChildren’s Information
Haulynx does not knowingly allow anyone under the age of 13 to participate in any services offered on our website which requires the submission of user information. If we learn that a user is under 13 and has submitted user information to us, we will delete that information promptly.
You may also write to us at:
4080 Jenkins Rd
Chattanooga, TN 37421
In addition, you may call us at: (480) 646-3545