FreightSnap Terms of Service

Thanks for using our products and services (“Services”). The Services are provided by FreightSnap LLC. (“FreightSnap”), located at 6811 Shawnee Mission Parkway, Suite 303, Mission, KS 66202, United States.

By using our Services, you are agreeing to these terms of service. Please read them carefully.

Our Services include many different types of services so additional terms or product requirements may apply to certain portions of our Services. Such additional terms will be made available to you in connection with the relevant Services, and those additional terms become part of your agreement with us if you use those Services and shall control in the event of any conflict with the terms set forth herein (the additional terms, as applicable, and these terms of service are collectively referred to as the “Terms” applicable to each Service we provide).

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, FreightSnap trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Using our Services

You must follow any policies, instructions or requirements set forth on or within the Services.

You may not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may prohibit you from using our Services if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

You are responsible for your conduct on the Services and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

Using our Services does not give you any rights or ownership with respect to any intellectual property used or displayed in our Services or the content you access. You may use content from our Services only as is permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Acceptable Use Policy

The Services are used by lots of people, and we are proud of the trust placed in us. In exchange, we trust you to use our Services responsibly.

You agree not to misuse the FreightSnap Services or use the Services in any manner that violates the Terms. For example, you must not, and must not attempt to, use the Services to do the following things.

• probe, scan, or test the vulnerability of any system or network;

• breach or otherwise circumvent any security or authentication measures;

• access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, FreightSnap (or our service providers’) computer systems;

• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

• plant malware or otherwise use the Services to distribute malware;

• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);

• send unsolicited communications, promotions or advertisements, or spam;

• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

• publish anything that is fraudulent, misleading, or infringes another’s rights;

• promote or advertise products or services other than your own without appropriate authorization;

• impersonate or misrepresent your affiliation with any person or entity;

• abuse FreightSnap referrals to get more credit for referrals than deserved;

• publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

• violate the law in any way, or to violate the privacy of others, or to defame others.

Your FreightSnap Account

You may need a FreightSnap Account in order to use some of our Services. You may procure your own FreightSnap Account, or your FreightSnap Account may be assigned to you by an administrator, such as your employer or other valid licensed institution. If you are using a FreightSnap Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

You are responsible for safeguarding your FreightSnap Account credentials, including your password and any other form of access key. If you suspect or learn of any unauthorized use of your password or account, please notify us immediately by email at support@freightsnap.com or call our office at (913) 967-5073.

Billing and Payments

You can increase your storage space and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal thereafter until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. You may cancel your Paid Account at any time, however no refunds are provided unless required by law.

Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it, delete it, or reduce your storage to free space levels.

We may change the fees in effect at any time for future charges but will give you advance notice of these changes via a message to the email address associated with your account.

Privacy

FreightSnap’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services which is incorporated into these Terms. By using our Services, you agree that FreightSnap can use such data in accordance with our Privacy Policy.

Your Content in our Services

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. When you upload or otherwise submit content to our Services, you give FreightSnap (and those we work with) a worldwide, irrevocable and perpetual license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our license to use the content submitted in those Services. By uploading content through the Services, you represent and warrant that you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how FreightSnap uses and stores content in the privacy policy or the additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions for any purpose without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

FreightSnap gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-sublicenseable license to use the software provided to you by FreightSnap as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FreightSnap, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether at any time, with or without notice to you, provided that if you have a Paid Account then Services related to your Paid Account will continue through the end of your then current subscription period unless otherwise terminated.

You can stop using our Services at any time. FreightSnap may also stop providing Services to you, or add or create new limits to our Services at any time.

Our Warranties and Disclaimers

We attempt to provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FREIGHTSNAP NOR ITS AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, SECURITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR REASONABLE SECURITY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FREIGHTSNAP, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS, BE RESPONSIBLE OR LIABLE IN ANY MANNER RELATED TO:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT FREIGHTSNAP OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, FREIGHTSNAP, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. FREIGHTSNAP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY EVENT, FREIGHTSNAP LIMITS ITS LIABILITY TO YOU TO THE GREATER OF $50 USD OR 100% OF ANY AMOUNT YOU’VE PAID FOR YOUR SUBSCRIPTION TO THE SERVICES WITHIN THE PAST TWELVE (12) MONTHS.

Copyright Policy

FreightSnap respects others’ intellectual property rights and require the users of the Site to do the same. FreightSnap will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider (in this instance, FreightSnap) concerning alleged copyright infringement. When a valid DMCA notification is received meeting the requirements outlined below, the service provider responds under this process by taking down the allegedly infringing content. Upon taking down content under the DMCA, FreightSnap will take reasonable steps to contact the owner of the removed content so that a counter-notification can be sent to FreightSnap’s Designated Agent. Upon receiving a valid counter-notification, FreightSnap generally restores the content in question, unless we receive notice from the party alleging infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

FreightSnap may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. The Privacy Policy for the Site does not protect information provided in these notices.

1. To File a Notification of Infringing Content:

A written notification must be made to FreightSnap’s Designated Agent indicated below:

Seigfreid Bingham, P.C.
ATTN: DMCA Agent
2323 Grand Boulevard, Suite 1000
Kansas City, MO 64108

or

Email: DMCAnotice@sb-kc.com

The following information must be included in your notice (except the information listed as optional below): (A) Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s); (B) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site; (C) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address, if available, at which you may be contacted; (D) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law”; (E) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed. Include the following statement: “I declare, under penalty of perjury, that the information in the notification is accurate and I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed”; (F) Your physical or electronic signature (i.e., “/s/ [print name]”) – We will not (and cannot) accept notices that are not signed by you stating your full legal name; and (Optionally) (G) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only and not to “prove” substantive claims.)

The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you knowingly make a false claim that materials infringe your copyrights. You should contact an attorney if you are unsure whether your content is protected by copyright laws.

2. To file a Counter-Notification:

If your content has been removed or access disabled from the Site as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a written DMCA counter-notification that includes all of the following information: (A) List the material that was removed or access disabled by FreightSnap, and the location at which the material appeared before it was removed or disabled. Please identify in sufficient detail in order to allow FreightSnap to identify the material; (B) Provide your name, address, telephone number and email address (if available); (C) State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Johnson County, KS if your address is outside of the United States); (D) State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person; (E) State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (F) Your physical or electronic signature (i.e., “/s/ [print name]”) – We will not (and cannot) accept notices that are not signed by you stating your full legal name.

In the event that the Designated Agent receives a counter-notification in compliance with the above requirements, it will provide the party alleging infringement with a copy of the counter-notification and inform them that FreightSnap will replace or enable access to the removed material in 10 business days from the date of the counter-notification unless the Designated Agent receives notice from the party alleging infringement that such party has filed an action seeking a court order to restrain the user of the Site from engaging in the allegedly infringing activity of uploading the infringing material to the Site.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, FREIGHTSNAP, AND FREIGHTSNAP’S AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FREIGHTSNAP, AND ITS AGENTS, SERVICE PROVIDERS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US TO USE THE SERVICES OR $10.00.

IN ALL CASES, FREIGHTSNAP, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, you represent and warrant that you have authority to act on behalf of such business and that such business accepts these Terms in full. The business will hold harmless and indemnify FreightSnap and its affiliates, officers, agents, service providers, suppliers, distributors, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these Terms for any reason or no reason in our sole discretion by posting the amended Terms to our website. By continuing to use the Services after the effective date of any changes you agree that you accept such changes. You should review the Terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

These Terms control the relationship between FreightSnap and you. They do not create any third party beneficiary rights. .These Terms constitute the entire agreement between you and FreightSnap with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms (but shall not supersede the terms of any Master Services Agreement executed by you and FreightSnap unless provided for in such Master Services Agreement). These Terms create no third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up or waiving any rights that we may have (such as taking action in the future for non-compliance).

If it turns out that a particular term is not enforceable, this will not affect the remainder of the Terms enforceability.

The laws of Kansas, U.S.A., excluding Kansas’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Johnson County, Kansas, USA, and you and FreightSnap consent to personal jurisdiction in those courts.

To the maximum extent permitted by law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

For information about how to contact FreightSnap, please visit our contact page on our website.