PoweredBy Terms of Use

 

PoweredBy Terms of Use

If you (“You” or “Your”) find yourself directed to these FreightPOP PoweredBy Terms of Use (the “Terms”), it means You have entered into an agreement with an authorized PoweredBy Partner (“Partner”) to receive certain services provided by Partner (the “Partner Solutions”), which include, in part, the provision of services by FreightPOP, Inc. (the “Provider”). The portion of the Partner Solutions provided by Provider shall be referred to herein as the “Provider Services” and shall refer specifically to the technology, platform, and related services offered by Provider.

By accessing or using the Provider Services, You agree to be bound by these Terms under the contract between You and the Partner (the “Partner Customer Agreement”). You acknowledge and agree that your use of the Provider Services is subject to these Terms and to any additional terms set forth in your Partner Customer Agreement with the Partner. In the event of any conflict between these Terms and the Partner Customer Agreement, these Terms shall prevail. Your use of the Provider Services signifies Your acceptance of these Terms.

  1. All Claims Between You and the Partner

You agree that any claims arising from Your use of the Provider Services under these Terms and the Partner Customer Agreement will be brought solely against the Partner and not directly against Provider. Provider has no obligation or liability to You under these Terms. To the maximum extent permitted by law, You shall indemnify and hold harmless Provider, its officers, directors, employees, affiliates, and suppliers from any claims arising out of Your use of the Solutions.

  1. Authorized Use of the Solutions

You may use the Provider Services only for Your internal purposes in connection with the Partner Solutions. You are prohibited from reselling, redistributing, or sharing access to the Provider Services; reverse-engineering, modifying, or deriving source code from the Provider Services; or publishing or distributing any data, analytics, or insights generated by the Provider Services without express written authorization.

  1. Limitation of Liability

In no event will Provider’s aggregate liability arising out of Your use of the Provider Services exceed the amounts You actually paid to the Partner during the twelve (12) months preceding the claim for the Provider Services. Provider shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of data, revenue, profits, or business opportunities, or any issues arising from third-party transportation providers.

  1. Warranty Disclaimers

Provider provides the Provider Services “as is” and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. Any insights and data generated by the Provider Services are based on information available at the time and may change over time. Provider disclaims liability for any inaccuracies or modifications.

  1. Your Responsibility for Data Compliance

You must ensure that you obtain all required consents for the processing of personal data through the Provider Services, including from employees, contractors, and shipment recipients. You agree to use the Provider Services in compliance with all applicable laws and not to access data without a legitimate business purpose.

  1. Provider’s Role and Responsibility

Provider acts solely as a technology provider and is not a carrier, broker, or freight forwarder. All shipping services are governed by the terms of the applicable transportation provider.

  1. Indemnification

You shall indemnify and hold Provider harmless from any claims, damages, or losses arising out of Your misuse of the Provider Services, breach of these Terms or the Customer Agreement, or actions taken by transportation providers related to shipments arranged through the Provider Services.

  1. Modifications to These Terms

From time to time, Provider may modify these Terms as they relate to Provider’s rights and protections without Your prior written approval. Such modified Terms shall become effective immediately upon posting unless otherwise required by applicable law, in which case the modified Terms shall become effective upon execution of your next Order Form. Your continued use of the Provider Services after such modifications constitutes your acceptance of the modified Terms.

  1. Governing Law and Venue

These Terms are governed by the laws of Delaware without regard to its conflict-of-law principles. Any disputes shall be resolved in the courts located in Orange County, Los Angeles.

  1. Insights

Analytical insights (“Insights”) provided by the Provider Services are based on data available at the time and may change over time. Provider, the Partner, and their suppliers do not guarantee that these Insights will meet Your requirements, and You agree not to distribute them to third parties.

  1. Security and Data Privacy

The security and data privacy terms applicable to Your use of the Provider Services are accessible at https://www.freightpop.com/legal/poweredby-service-provder-agreement-dpa, provided however, Partner may impose additional data privacy terms related to Your use of the Solutions and/or Provider Services under Your Partner Customer Agreement