XPRESS TECHNOLOGIES TERMS OF SERVICE
Xpress Technologies Terms of Service
Welcome to Xpress Technologies. Xpress Technologies, Inc. operates a unified digital communications platform which allows drivers and carriers to manage driver hours of service and other metrics pertinent to fleet management, match carriers and drivers to loads using machine learning to meet a carrier’s needs and preferences, and tender acceptance of loads, across web application and mobile application communication channels.
These Terms of Service govern your access to and use of the website located at www.xpresstechnologies.com or any subdomain thereof (the “Website”), the mobile applications made available by us for download (the “Xpress Technologies Apps” and collectively with the Website, the “Xpress Technologies Sites”) and the services (the “Services”) offered by us through the Xpress Technologies Sites.
The Services may include services associated with use of an Electronic Logging Device provided by us (the “XT ELD Device”) or a Telematics device provided by us (the “XT Telematics Device”) in conjunction with use of the Xpress Technologies Sites. Details as to your use of an XT ELD Device of XT Telematics Device may be set forth in separate writings provided to you by us, and you should understand that there are differences as to the functionality available through the Xpress Technologies Sites and Services depending on whether or not you are using an XT ELD Device, an XT Telematics Device or neither.
As used herein, “Xpress Technologies,” “we,” “us” or “our” means Xpress Technologies, Inc. or its affiliates or agents and “you,” “your” and other similar words mean the person, entity or other organization which sets up an Xpress Technologies account (a “Xpress Technologies Account” or “Account”) directly with Xpress Technologies, as well as each individual (e.g., your employee or independent contractor) who accesses or uses the Xpress Technologies Sites or the Services (a “User”).
Please read these Terms of Service carefully. BY SETTING UP AN XPRESS TECHNOLOGIES ACCOUNT OR ACCESSING OR USING THE XPRESS TECHNOLOGIES SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT SET UP AN XPRESS TECHNOLOGIES ACCOUNT OR ACCESS OR USE THE XPRESS TECHNOLOGIES SITES OR THE SERVICES. YOU MAY ACCESS OR USE THE XPRESS TECHNOLOGIES SITES OR THE SERVICES ONLY IF YOU ARE ABLE TO ENTER INTO THESE TERMS OF SERVICE AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
Use and Restrictions
You agree to use the Xpress Technologies Sites and the Services only for the following general purposes:
- Users that are non-driver carrier administrators (such as an office employee, fleet manager or load planner) have load matching/tender acceptance capabilities on the Xpress Technologies Apps and Website but do not have Hours of Service (“HOS”) visibility in the Xpress Technologies App. They do have HOS management for their drivers on the Website.
- Users that are decision-making drivers can track their own HOS and book their own loads on the Xpress Technologies App, and they may also manage their own fleet of trucks in addition to the truck they drive themselves. They have HOS visibility on both the Xpress Technologies App (for themselves) and Website (for themselves and any of their drivers for whom they are an administrator), and they have load matching/tender acceptance capabilities for both themselves and any of their trucks on both the Xpress Technologies App and Website.
- Users that are non-decision-making drivers have HOS visibility and receive/view load information on the Xpress Technologies App, but they cannot accept load tenders on the Xpress Technologies App. Although these Users do not typically use the Website, they can view older log history (seven days) on the Website, if desired.
- Users that have the XT ELD Device should understand that the device has been registered as a compliant device with the Federal Motor Carrier Safety Administration (“FMCSA”). The data we receive from this device is used to inform machine learning algorithms and provide more accurate load recommendations to carriers who have opted into using the device in conjunction with the Service.
- Users that have the XT Telematics Device should understand that the ELD functionality is an optional feature is and may be used by carriers who have an existing ELD system not provided by Xpress Technologies they are unable or unwilling to replace. It uses the same hardware as the XT ELD Device but does not offer FMCSA HOS compliance functionality.
Xpress Technologies is not providing transportation services or acting as a carrier through the Xpress Technologies Sites or the Services. It is up to the third party transportation provider, driver or vehicle operator to offer and provide transportation services scheduled through the Xpress Technologies Sites or the Services.
The foregoing notwithstanding, we reserve the right at any time and from time to time to modify or upgrade, or discontinue, temporarily or permanently, the Xpress Technologies Sites and the Services we offer, with or without notice. We may upgrade the Xpress Technologies Sites and our Services, including the functionality thereof described above, and you agree that these Terms of Service will apply to such upgrades. You agree that we will not be liable to you, your employer or any third party with respect to any such modification, upgrade or discontinuance of the Xpress Technologies Sites or the Services.
You also agree that you will not (a) access, monitor, or copy any content or information on the Xpress Technologies Sites or the Services using any robot, spider, scraper, or other automated means without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Xpress Technologies Sites or the Services or bypass or circumvent other measures employed to prevent or limit access to the Xpress Technologies Sites or the Services; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or (d) “frame,” “mirror,” or otherwise incorporate any part of the Xpress Technologies Sites or the Services into any other website without our prior written authorization. You agree you will not (e) use the Xpress Technologies Sites or the Services for any illegal purposes, (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation in connection with your access to or use of the Xpress Technologies Site or the Services; or (g) access or use the Xpress Technologies Sites or the Services to engage in any form of fraud or misrepresentation. You agree to be responsible for, and comply with all applicable laws. You agree that you will not take any action in connection with your use of the Xpress Technologies Sites or the Services that infringes on the copyrights or other intellectual property rights of any third party. You may only use the Xpress Technologies Sites and the Services to transmit information which you own or otherwise have the right to transmit.
You understand and agree that Xpress Technologies may, in its sole discretion, terminate your access to the Xpress Technologies Sites or the Services at any time and without notice as may be necessary to enforce the foregoing use restrictions.
Access to and Use of the Xpress Technologies Sites and the Services
To access or use the Xpress Technologies Sites or the Services, a User must (a) provide us the required User account creation information and (b) create an individual username and password. The information provided to us is referred to as “Account Information.” You are responsible for the security of your username and password and for your use of the Xpress Technologies Sites or the Services. You are not permitted to share your username with any other User or third party and you agree that you will notify us immediately of any unauthorized use of your username, password or Xpress Technologies Account. We reserve the right to from time to time require you to change your password.
You may specify certain Users as “Administrative Users” through the Xpress Technologies Sites, and such Users will have the ability to access, disclose, restrict or remove your data in or from your account. Administrative Users may also have the ability to monitor, restrict or terminate access to your Users’ Accounts. We are not responsible for the activities of any Administrative User.
Grant of License
For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Xpress Technologies Sites and the Services. The Services, including the Xpress Technologies Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed or otherwise exploited for any commercial purpose not contemplated herein.
When accessing the Services through downloaded Xpress Technologies Apps, you acknowledge and agree that you have not entered into any agreement with the Xpress Technologies App provider (e.g., Apple) regarding the Xpress Technologies Apps or the Services. As such, we are responsible for the Xpress Technologies Apps, any maintenance and support services needed or any claims that could be made regarding the Xpress Technologies Apps.
You grant us the necessary licenses to any data you create, post, upload, transmit or otherwise make available via the Services (which may include data you elect to import from products or services you use not provided by Xpress Technologies). This includes logs you create, location coordinates that are collected, HOS available for a driver, messages you send, documents you upload, profile information and anything else you enter or upload into the Services. We will use this data, and all data we collect regarding your use of the Xpress Technologies Sites and the Services, to provide the Services and perform research and development to improve the Xpress Technologies Sites and the Services. You grant us all necessary licenses to this data for our and our contractors’ use in providing Xpress Technologies Sites and the Services and performing such research and development. For the avoidance of doubt, the data of Users of our Services may be aggregated and de-identified and as such used by us for any purpose we see fit and shared with any third party we see fit. And, further, for the avoidance of doubt, your data may be shared with third parties so as to match drivers with carriers and carriers with loads, which is a core functionality of the Services.
Pricing and Payment Terms
We or an Xpress Technologies Partner have provided you in writing pricing and payment terms for your access and use of the Xpress Technologies Sites and the Services; for the avoidance of doubt, we may provide you free access and use and, if so, such terms will be set out in writing. By accepting these Terms of Service, you hereby accept and agree to the pricing and payment terms provided to you. The pricing and payment terms provided to you will govern your specific payment terms. Except to the extent otherwise agreed to in written by authorized representatives of Xpress Technologies and you, we reserve the right to at any time change the amount we charge you, and the amounts we charge are not refundable. Xpress Technologies will charge you, and you must pay to Xpress Technologies, all applicable taxes, including any retroactive tax on past fees or charges (whether already paid or not) in cases where Xpress Technologies is under a legal obligation to collect such tax from you. You are solely responsible for any and all other taxes, which you are under a legal obligation to pay. All payment transactions handled by our third-party payment processors are subject to the terms, conditions and policies of our third-party payment processors.
Transmission of Sensitive Information
Your User may contact you and send messages and information through the Internet, social media networks or any other digital communication medium (email, SMS, text message, etc.). These communication channels may not be secure. Accordingly, you agree that you will only transmit messages that contain sensitive, confidential, private or personally identifiable information through the Services by way of Xpress Technologies’ secure communications portal on the Xpress Technologies Sites.
We care about the security of your data, whether data you upload, transmit or otherwise make available via the Services or created by the Services, and Account Information (collectively, “Information”). We use a variety of security technologies and procedures to help protect your Information from unauthorized access, use, and disclosure. We limit access to your Information to only our employees, contractors, and agents who need to know the Information in order to operate, develop, or improve the Xpress Technologies Sites and our Services. These individuals are bound by confidentiality obligations and are subject to discipline, including termination, if they fail to meet these obligations. We continuously work to protect the security of your Information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorized access to or use of your Information. Please also note that third parties perform security tests of the XT ELD Device and the XT Telematics Device, and we are not responsible for security as to those devices.
If you install the XT ELD Device or the XT Telematics Device you are solely responsible for the installation in accordance with written instructions we provide to you. These devices allow for plug & play installation. In the event you choose to drill holes in or otherwise modify a vehicle to install the hardware, and you agree that we are not responsible for any costs, expenses or damages arising from the installation of such hardware, including if we assist you in the installation. You understand that the hardware connects to the battery of your vehicle, and Xpress Technologies is not responsible if the battery drain causes you or your vehicle any adverse consequences. Unless you have purchased such hardware from Xpress Technologies it remains the owner of such hardware (and of any software contained therein); if you purchase such hardware from Xpress Technologies the software contained therein is licensed to you. Upon cessation of your use of the Services you must at your own expense return any Xpress Technologies-owned hardware to Xpress Technologies within 30 days, in substantially the same condition as received, reasonable wear and tear excepted, otherwise we will charge you our standard price for the hardware. THE XT ELD DEVICE AND XT TELEMATICS DEVICE ARE PROVIDED AS IS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, OTHER THAN THAT SUCH HARDWARE SHALL SUBSTANTIALLY CONFORM WITH ALL CURRENT INSTRUCTION MANUALS, USER GUIDES AND FUNCTIONAL SPECIFICATIONS PROVIDED BY XPRESS TECHNOLOGIES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGE TO SUCH HARDWARE DUE TO YOUR OR YOUR EMPLOYEE’S OR AGENT’S NEGLIGENT ACTIONS OR OMISSIONS OR WILLFUL MISCONDUCT WITH RESPECT TO THE HARDWARE, OR ACTIONS OR OMISSIONS OF SUCH PERSONS NOT IN MATERIAL CONFORMITY WITH THE INSTRUCTION MANUALS, USERS GUIDES AND OTHER DOCUMENTATION PROVIDED WITH RESPECT THERETO.
Assumption of Risks Related to the Services
YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE XPRESS TECHNOLOGIES SITES AND THE SERVICES. ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, PERSONAL REPRESENTATIVES OR HEIRS, YOU HEREBY RELEASE (AND AGREE TO IN THE FUTURE) RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY XPRESS TECHNOLOGIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUB-LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE XPRESS TECHNOLOGIES SITES OR THE SERVICES, OR FROM USE OF THE XT ELD DEVICE OR XT TELEMATICS DEVICE. IF YOU ARE A DRIVER, DO NOT ACCESS THE XPRESS TECHNOLOGIES APPS WHILE DRIVING, AS OPERATING A TRACTOR TRAILER WHILE READING AND PROCESSING INFORMATION ON A SCREEN IS EXTREMELY DANGEROUS AND IN SOME JURISDICTIONS AGAINST THE LAW.
By using the Services, you agree not to transmit, distribute, upload, or otherwise disseminate through the Services any of the following:
- information or content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- information or content that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- information or content that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Except in accordance with or as contemplated under these Terms of Service, information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Services or with any other person or entity;
- information or content that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning;
- viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- information or content that, in our sole judgment, is objectionable or which may expose us to harm or liability of any nature.
We take no responsibility and assume no liability for any information or content transmitted, stored, or uploaded by you or any third party, or for any use of or loss or damage to any of such information or content. Although we have no obligation to screen, edit, or monitor any information or content transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any information or content transmitted on or through the Services at any time and for any reason without notice. You will communicate and transmit information or content on or through the Services at your own risk and we will have no obligation or liability regarding your use, misuse or dissemination of such information or content.
The Xpress Technologies Sites and the Services, all software (source code and object code) related thereto, all content provided by us or our affiliates or agents, all processes, designs, techniques, concepts, improvements, modifications, inventions and discoveries related to the Xpress Technologies Sites or the Services, all trademarks, copyrights, service marks, patents, applications therefore, trade secrets and other intellectual property rights appurtenant thereto and any derivate works thereof related to the Xpress Technologies Sites or the Services are and shall remain our exclusive property. No use of the Xpress Technologies Sites or the Services shall be deemed to transfer title, or grant a license to the any of the foregoing. Except as otherwise set forth herein, Information that you communicate to other Users shall, as between us and you, be your sole and exclusive property.
All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress (collectively, “Trademarks”) on the Xpress Technologies Sites and, except as set forth below, belong to Xpress Technologies or its licensors. Unless you and we agree otherwise in writing, Xpress Technologies’ Trademarks may not be used or displayed in connection with any product or service that is not Xpress Technologies’, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Xpress Technologies. All use of Xpress Technologies’ Trademarks must be in accordance with Xpress Technologies’ trademark policies then in effect. Trademarks not owned by Xpress Technologies that appear on the Xpress Technologies Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xpress Technologies. Except to the extent you have provided written notice to the contrary, you consent to the display of your Trademarks and logos on the Xpress Technologies Sites solely for the purpose of showing that you are a customer of Xpress Technologies. Trademarks that are not owned by Xpress Technologies may not be used or displayed in any manner except with the written permission of the owners of those Trademarks.
All content included on the Xpress Technologies Sites or displayed through the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Xpress Technologies or its licensors and protected by U.S. and international copyright laws. The compilation of all content on the Xpress Technologies Sites is the exclusive property of Xpress Technologies and protected by U.S. and international copyright laws. You may not duplicate, copy, or reuse any portion of our visual design elements or concepts without our prior express written permission. Furthermore, you shall not, nor permit any other party to, (a) disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Xpress Technologies Sites or the Services; (b) alter, modify, or prepare derivative works based on the Xpress Technologies Sites or the Services or any materials related thereto; or (c) use any part of the Xpress Technologies Sites or the Services or any materials related thereto to create, invent or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Xpress Technologies Sites and or Services or any materials related thereto.
The Xpress Technologies Sites may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons content or materials (collectively, “User Contributions”) on or through the Xpress Technologies Sites. All User Contributions must comply with the content standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above and all of your User Contributions do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Xpress Technologies Sites.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Xpress Technologies Sites infringe your copyright, you may request removal of those materials (or access to them) therefrom by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Xpress Technologies Sites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
U.S. Xpress, Inc.
4080 Jenkins Road
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Xpress Technologies Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Submissions”), are deemed non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use your Submissions for any purpose without compensation or attribution to you, in accordance with applicable law.
When you access the Xpress Technologies Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Xpress Technologies Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cancellation and Termination
Although we will be sorry to see you go, you are entitled to terminate your Xpress Technologies Account at any time. All cancellations must be made by logging into your Xpress Technologies Account, going to the account settings, and cancelling the Xpress Technologies Account. Following a cancellation of your Xpress Technologies Account, you will have 30 days to reactivate your Xpress Technologies Account. If you want your Xpress Technologies Account permanently terminated prior to the expiration of the 30-day period, you can request us to permanently terminate your Xpress Technologies Account.
Release and Indemnification
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our respective affiliates, partners, officers, employees, agents, consultants, licensors, co-branders or other collaborators (collectively, “Covered Persons”), for all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and reasonable attorneys’ fees) of every kind and nature, arising from or in any way related to your access to or use of the Xpress Technologies Sites or the Services. You will indemnify, defend and hold Covered Persons harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) (collectively, “Claims”) that may arise from or are related to your access to or use of the Xpress Technologies Sites or the Services. You will control the defense and settlement of any Claim that is subject to this indemnification, provided that we may at any time elect to take over control of the defense and settlement of any such Claim. In any event, you will not settle any such Claim without our prior written consent.
The owner of the Xpress Technologies Sites is a Nevada corporation based in the State of Tennessee in the United States. We provide the Xpress Technologies Sites for use only by persons located in the United States. We make no claims that the Xpress Technologies Sites or its content is accessible or appropriate outside of the United States. Access to the Xpress Technologies Sites may not be legal by certain persons or in certain countries. If you access the Xpress Technologies Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE XPRESS TECHNOLOGIES SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE XPRESS TECHNOLOGIES SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT (a) THE XPRESS TECHNOLOGIES SITES OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE XPRESS TECHNOLOGIES SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XPRESS TECHNOLOGIES SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE XPRESS TECHNOLOGIES SITES OR THE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE XPRESS TECHNOLOGIES SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE XPRESS TECHNOLOGIES SITES OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE XPRESS TECHNOLOGIES SITES, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU THROUGH THE XPRESS TECHNOLOGIES SITES, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. XPRESS TECHNOLOGIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE XPRESS TECHNOLOGIES SITES OR THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR APPLICATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XPRESS TECHNOLOGIES SITES OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU ASSUME SOLE RESPONSIBILITY FOR YOUR OR YOUR DRIVER’S DRIVING LOGS AND FOR COMPLYING WITH ALL STATE AND FEDERAL REGULATIONS RELATED THERETO, INCLUDING BUT NOT LIMITED TO, FMCSA REGULATIONS RELATED TO HOS OF DRIVERS. WE MAKE NO WARRANTY WITH RESPECT TO SUCH MATTERS.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XPRESS TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XPRESS TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE XPRESS TECHNOLOGIES SITES OR THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE XPRESS TECHNOLOGIES SITES OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE XPRESS TECHNOLOGIES SITES OR THE SERVICES; (e) OR ANY OTHER MATTER RELATING TO THE XPRESS TECHNOLOGIES SITES OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE XPRESS TECHNOLOGIES SITES OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Site Policies, Modification and Severability
Please review our other policies posted on the Xpress Technologies Sites. These policies also govern your use of the Xpress Technologies Sites. We reserve the right to make changes to our policies at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You acknowledge and agree that Xpress Technologies may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Xpress Technologies Sites and the Services.
We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on the Xpress Technologies Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Xpress Technologies Sites and the Services. All new or modified features related to the Xpress Technologies Sites and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service.
You agree that you will not modify, adapt or hack the Xpress Technologies Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Xpress Technologies Sites and the Services or Xpress Technologies. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Xpress Technologies Sites and the Services.
You understand that the technical processing and transmission of the Xpress Technologies Sites and the Services, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages through or by means of the Xpress Technologies Sites and Services. You agree that you will not transmit any worms or viruses or any code of a destructive nature through or by means of the Xpress Technologies Sites and Services.
If any portion of these Terms of Service is determined to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other portion of these Terms of Service. You may not assign any of your rights and obligations under these Terms of Service to anyone else without our prior written consent. We may assign our rights to any other individual or entity at our discretion.
These Terms of Service are intended as a contract under and shall be construed and enforceable (both as to validity and performance), shall be interpreted, and the rights and obligations of the parties shall be determined, in accordance with the laws and procedures and provisions of the State of Tennessee (other than conflict of law rules which might result in the application of the laws of any other jurisdiction). We each agree to submit to the personal jurisdiction of the state and federal courts located in Hamilton County, Tennessee.
In the event any litigation or dispute resolution procedure is utilized to enforce the provisions of these Terms of Service, the prevailing party in such action shall be entitled to the recovery of its reasonable attorneys’ fees and expenses, court costs, dispute resolution costs and expenses, expert witness fees and expenses and such other costs as are fixed by the court or other party serving to resolve such dispute.
To the extent permitted by applicable law, we reserve the right to access, read, preserve, and disclose any Information or personal or account information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Xpress Technologies, its users and the public. This includes exchanging information with other companies and organizations for payment processing and fraud protection and spam prevention.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions, and writings or agreements specifically referred to in these Terms of Service constitute the entire agreement between you and us and will govern your use of the Xpress Technologies Sites and the Services, superseding any prior agreements between you and us.
If there is a conflict between any term or condition of these Terms of Service and any term or condition of any other more specific writing provided to or agreement entered into with you (e.g., concerning the XT ELD Device of the XT Telematics Device), then the terms and conditions of the latter shall govern.
Any questions regarding these Terms of Service should be addressed to Termsofservice@usxpress.com. If additional information are instructions are needed regarding our Services, please call one of our customer care representatives at 1-800-374-8379.
These Terms of Service were last updated on April 6, 2022.
Xpress Technologies, Inc.Last modified: September 2021
- On the Website;
- In email, text, and other messages or communications between you and the Company;
- When you provide us information whether through the Website or offline through communication with us; and
- When you interact with us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries).
It does not apply to information collected by:
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Information We Collect About You and How We Collect It
We collect several types of information from and about users and visitors of the Website and customers and vendors we interact with, including information:
- By which you may be personally identified, such as name, postal address, billing address, e-mail address, telephone number, social security number, payment and other financial information, credit history and information, or any other similar information or identifier by which you may be contacted online or offline (“Personal Information”);
- About your employment, education, or driving records/history if you apply for a job with us;
- That is about you but individually does not identify you; and
- About your network information such as, internet connection, history, or activity information, the equipment you use to access the Website, and usage details, and interactions with the Website.
We collect this information:
- Directly from you when you provide it to the Company;
- Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
- From third parties, for example, our business partners.
Information You Provide to Us The information we collect that you may provide to us may include:
- Information that you provide by filling in forms on or off the Website. This includes information provided at the time of registering to use our online user accounts, applying for financing through our Credit Application, submitting career applications, subscribing to our service or communications with the Company, posting material, or requesting further services or information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website;
- Records and copies of your correspondence (including email addresses), if you contact us;
- Records or copies of information to maintain customer accounts and records of transactions;
- Your responses to surveys that we might ask you to complete for research purposes;
- Details of transactions you carry out through the Website and of the fulfillment of such transactions.
- Your search queries and browser history on the Website.
You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are Posted on and transmitted to others at your own risk. Although we may limit access to certain pages or you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or through third-party websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, device, browsing actions, and patterns, including:
- Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. For information on how you can opt out of behavioral tracking on the Website and how to exercise your options, please visit your device or browser settings, or lease visit the Digital Advertising Alliance, or Network Advertising Initiative.The information we collect automatically is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize the Website according to your individual interests;
- Speed up your searches; and
- Recognize you when you return to the Website.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.
We use a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other websites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve the Website and the services we provide. Google Analytics collects only the IP address assigned to you on the date you visit the website, rather than your name or other identifying information. For more information on how Google uses your information please visit: How Google uses information from sites or apps that use our services – Privacy & Terms – Google
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
- To present the Website and its contents to you;
- To provide you with information, products, or services that you request from us;
- To fulfill any other purpose for which you provide it;
- To provide you with notices about your account, and other similar account order information and notices;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to the Website or any products or services we offer or provide;
- To allow you to participate in interactive features on the Website;
- To respond to any services issues in which you request from us;
- In any other way we may describe when you provide the information; and
- For any other purpose with your consent.
We may also use your Personal Information to contact you about our own services that may be of interest to you. We may use the information, including Personal Information, we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about the Website users is among the assets transferred;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; and
- With your consent.
We may also disclose your information, including Personal Information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. We do share your Personal Information with unaffiliated or non-agent third parties for promotional purposes. If you have questions, you can also always send us an email with your request to firstname.lastname@example.org.
- Promotional Offers from the Company. If you do not wish to have your Personal Information used by the Company to promote our own products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form or other registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile or by sending us an email stating your request to email@example.com, as the case may be and as applicable. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email at firstname.lastname@example.org,
We do not control third parties’ collection or use of your information. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative.
Accessing and Correcting Your Information
You can review and change your Personal Information by logging into the Website and visiting your account profile page. You may also send us an email at email@example.com to request access to, correct or delete any Personal Information that you have provided to us. In some cases, we cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change Personal Information if we believe the change would violate any law or legal requirement or cause the information to be incorrect or if the information falls under any exception to any law or legal requirement entitling the Company to retain such information.Please note that, if you delete any User Contributions from the Website or third party websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, are governed by our Website Terms of Service [LINK].
We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws and comply with all requests in accordance with our obligations under certain laws and regulations in with which we are obligated to comply. Depending on your residency and our legal obligations, in certain circumstances you may have the following rights depending on the country or state in which you live:
- You may choose to access, correct, update, or request deletion of your Personal Information;
- You may object to processing of your Personal Information;
- You may withdraw your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent; or
- If you have any questions or requests related to your Personal Information or how the Company processes them, please contact the Company at firstname.lastname@example.org. Proof of identity and other verification information will be required to protect personal data against unauthorized access. Any personal data collected to respond to an inquiry or fulfill a request will be retained for 90 days or as required or permitted under any applicable law after request closure and then deleted. This will allow for follow-up processing as necessary.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information, including Personal Information you provide to us is stored on our secure servers behind firewalls in the United States unless legally required to be kept elsewhere. Any payment transactions and financial payment information will be encrypted using SSL technology.The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website such as message boards. The information you share in public areas may be viewed by any user of the Website.Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Children Under Age 18
The Website is not intended for children under 18 years of age. No one underage of 18 may provide any information to or on the Website. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Website or through any of its features, register on the Website, make any purchases through the Website or with the Company, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at email@example.com.