HaulEx
EPOD TERMS OF USE
This ePod Terms of Use (this “Agreement”) is a binding agreement between You (“End User” or “You”) and Paullex Inc (the “Company”). This Agreement governs your use of ePod available via third parties, including Apple, Inc.’s
“App Store” or Google, Inc.’s “Google
Play” store (collectively, the “Third-Party Outlets”), including all related documentation, (collectively, the
“Application”). The Application is licensed, not sold, to you.
1. Acknowledgements.
(a) By downloading, installing, registering for, or using the Application
(including when you check the relevant box upon being presented with
this Agreement and/or upon first creating an Account in the
Application), You (I) acknowledge that you have read and understand this
Agreement; (II) represent that you are 18 years of age or older; (III)
accept this agreement (including the Privacy Notice, available at https://haulex.com/privacy-policy-mobile, and which is hereby incorporated herein), (IV) that downloading,
installing, registering for or use of the Application by You and/or Your
employees, independent contractors and/or agents shall constitute Your
Agreement to be legally bound by the Agreement’s Terms; (V) if you
are an employee, independent contractor and/or agent of a carrier
company or brokerage, you hereby warrant and represent that You have the
authority to bind such employer to this Agreement; (VI) if you are an
employee, independent contractor and/or agent of a carrier company or
brokerage, you hereby acknowledge that the account you create and/or use
is not for your personal use but rather is assigned to the carrier
company or brokerage for its use consistent with these Terms and may be
updated or changed by the carrier company or brokerage pursuant to these
Terms, and (VII) if you do not agree to these Terms, do not download,
install, register for or use the Application as taking said actions
shall be viewed as your acceptance of these Terms.
(b) You and the Company acknowledge that this Agreement is between you and
the Company only, and not with a Third-Party Outlet. The Company, and
not the Third-Party Outlets, is solely responsible for the Application
and the content thereof. None of the Third-Party Outlets are a
party to this Agreement. The Third-Party Outlets are not sponsors to,
nor in any ways affiliated with any of, the Company’s promotions
or the Content and Services.
(c) You and the Company acknowledge that the Third-Party Outlets have no
obligation whatsoever to furnish any maintenance and support services
with respect to the Application.
(d) You and the Company acknowledge that the Company, and not the
Third-Party Outlet, is responsible for addressing any claims of the End
User or any third party relating to the Application, including, but not
limited to: (i) product liability claims; (ii) any claim that the
Application fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or
similar legislation.
(e) You acknowledge and agree that it is Your sole responsibility to obtain
the consent of your Customer/s/ for the use of electronic documents,
including but not limited to, Electronic Bills of Lading (EBOL or
EBOLs).
i. You understand that HaulEx.com does not warrant that the customer
consent provided for by the Application will satisfy the requirements of
applicable Federal, State and Municipal laws and regulations governing
the use of electronic documents. It is Your responsibility to ensure
that the consent obtained by Your customer’s meets those
requirements.
(f) You acknowledge that the Application is a neutral venue where customers
may meet; as such HaulEx.com has no control over the quality, safety, or
legal aspects of the transactions that may take place and You
certify:
i. For the Application services:
1. You are a bona fide shipper, freight broker, 3PL, freight forwarder,
intermodal or rail company or motor carrier of a legal age to operate
and to enter into an agreement of this nature.
2. You shall maintain appropriate authority and will cease immediately to
use the Application if for any reason You no longer maintain such
authority.
3. You will not represent yourselves as operating under the authority of
any company without express permission from such company.
4. You will not attempt to broker freight without proper legal
authority.
5. You will not enter into any transaction to transport freight without
the appropriate carrier authority and/or outside the geographic bounds
of your carrier authority. You must be authorized as an interstate
carrier to use the Application in any way that involves interstate
transport. If you are an intrastate carrier only, you are permitted to
use the Application only as your authority permits.
6. You will not enter into any transaction to transport freight without
the appropriate level of bond as well as any required insurance
coverage.
7. You will not enter into any transaction to transport freight on
equipment that fails to meet any applicable Federal, State or municipal
law or regulations.
8. You may not enter into any transaction to transport any items or cargo
forbidden by Federal, State or municipal law or regulations.
ii. That your use of the Application is solely for your commercial purposes
related to your movement of freight or other services offered by
HaulEx.com on the Application and that You shall not reproduce,
republish, resell, or distribute such information in any format, in
whole or in part, for sale or commercial use by third parties.
iii. Your access or use of the Application is not for the purpose of
competing with HaulEx.com with respect to the services offered on the
Application. You agree any violation shall create irreparable harm for
which HaulEx.com is also entitled to compensation.
iv. That without prior written permission of HaulEx.com, You will not allow
non-registered users access to the Application and will never provide
your password to any non-registered user, nor will You share any
information from the Application with any non-authorized users. It is a
violation of these Terms & Conditions to share your login.
v. You shall not and may not resell or assign your rights or obligations
under these Terms & Conditions.
vi. You shall conduct your business in an ethical manner and shall not
engage in any illegal, deceptive, misleading or fraudulent
practice.
vii. Use of any import/export capability to transfer HaulEx.com or the
Application information from your computer system shall be restricted to
one or more identified computers located at the address(es) noted on
your service agreement, and shall not be distributed to any other
location(s). Unless otherwise stated, all information downloaded or
exported from the Application is intended for use by You or the employee
performing the download and shall not be distributed to any other users
or locations.
viii. All seats provided under your office subscription are for use by your
employees or agents located at the physical address listed on your
subscription agreement. If desired, your employees may download a second
copy of the application on a home computer for temporary or occasional
use for company business. Your subscription does not cover your
employees or agents that are employed at a different location from the
one listed on your subscription agreement. A separate subscription is
required for each business location used by your agents and
employees.
ix. Job aggregators are not allowed to post jobs on the Application and You
agree such access may be terminated at any time.
x. You agree that any violation of the above warranties may result in
immediate termination of your registration and access to the
Application. Furthermore, HaulEx.com reserves the right to assert and
pursue any and all remedies available to it under applicable Federal,
State and Municipal law or regulations. You shall be responsible for all
legal costs, expenses and fees incurred by HaulEx.com in the pursuit of
such remedies, including without limitation, reasonable attorney
fees.
2. License Grant.
(a) Subject to the terms of this Agreement, and strictly in accordance with
this Agreement and the terms and conditions applicable to such Content
and Services as set forth in Section 6 the Company grants you a limited,
non-exclusive, and nontransferable license to:
i. download, install, and use the Application for your use on a single
mobile device owned or otherwise controlled or leased to you
(“Mobile Device”) strictly in accordance with the Application’s
documentation; and
ii. access, stream, download, and use on such Mobile Device the Content and
Services (as defined in Section 6 made available in or otherwise
accessible through the Application.
3. License Restrictions.
(a) Each of the following License Restrictions shall survive any termination of Your agreement(s). You shall not:
i. copy the Application, except as expressly permitted by this
license;
ii. modify, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Application;
iii. reverse engineer, disassemble, decompile, decode, or otherwise attempt
to derive or gain access to the source code of the Application or any
part thereof;
iv. remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary rights
notices from the Application, including any copy thereof;
v. rent, lease, lend, sell, sublicense, assign, distribute, publish,
transfer, or otherwise make available the Application, or any features
or functionality of the Application, to any third party for any reason
(except with respect to pick-up and delivery contacts as directed by the
in-app prompts while completing electronic proof of delivery
documentation), including by making the Application available on a
network where it is capable of being accessed by more than one device at
any time;
vi. remove, disable, circumvent, or otherwise create or implement any
workaround to any copy protection, rights management, or security
features in or protecting the Application;
vii. use HaulEx.com’ and/or the Application’s rate information or
any other proprietary product information to develop a competitive lane
rate product;
viii. provide HaulEx.com and/or the Application rate or product/service
information to any company considered by HaulEx.com to be a competitor;
or
ix. attempt to mine or replicate the rate database without the express
written permission of HaulEx.com.
4. Reservation of Rights.
(a) You acknowledge and agree that the Application is provided under
license, and not sold, to you. You do not acquire any ownership interest
in the Application under this Agreement, or any other rights thereto
other than to use the Application in accordance with the license
granted, and subject to all terms, conditions, and restrictions, under
this Agreement. The Company and its licensors and service providers
reserve and shall retain their entire right, title, and interest in and
to the Application, including all copyrights, trademarks, patent rights,
database rights, moral rights and other intellectual property rights
therein or relating thereto, except as expressly granted to you in this
Agreement (hereinafter, the “Protected Data.”). The
Protected Data shall include but is not limited to the design, layout,
look, appearance, organization, compilation of the content, code, data,
materials, software, audio, photographs, artwork, text forms and
graphics of the Application. Reproduction of the Protected Data in any
form without express permission is strictly prohibited. Nothing
contained on the Application or any other service provided by HaulEx.com
should be construed as granting, directly or by implication, any license
or right to use any trademark without the written permission of
HaulEx.com or that of any third-party rights holder. Your misuse of any
trademark is strictly prohibited. If You would like to license the use
of any of HaulEx.com’ trademarks or have questions regarding
trademarks, please contact us.
(b) Furthermore, HaulEx.com may disclose to You, or You may otherwise learn
of or discover, our documents, business practices, object code, source
code, management styles, day-to-day business operations, capabilities,
systems, current and future strategies, marketing information, financial
information, software technologies, processes, procedures, methods and
applications, or other aspects of our business including but not limited
to such information gained through Your use of the Application
(“Our Information”). You hereby agree and acknowledge that
any and all of Our Information is confidential and shall be our sole and
exclusive intellectual property and proprietary information. You agree
to use Our Information only for the specific purposes as allowed by
these Terms & Conditions. Any disclosure of Our Information to a
third-party, specifically including but not limited to a direct
competitor, is strictly prohibited and will be vigorously challenged in
a court of law. All obligations contained herein shall survive the
termination of this agreement. Furthermore, You acknowledge that Our
Information is proprietary, confidential and extremely valuable to us,
and that we would be materially damaged by your disclosure of Our
Information. You acknowledge and agree that monetary damages provide an
insufficient remedy for the breach of this confidentiality obligation,
and that we shall be entitled to injunctive relief.
(c) Your agreement to the provisions contained within this Reservation of
Rights shall survive any termination of Your agreement(s).
5. Collection and Use of Your Information.
(a) You acknowledge that when you download, install, register for, use, or
submit information (including photographs) to the Application, the
Company may use third-party services that may use automatic means
(including, for example, cookies and web beacons) to collect information
about your Mobile Device and about your use of the Application. You also
may be required to provide certain information about yourself as a
condition to downloading, installing, registering for, or using the
Application or certain of its features or functionality, and the
Application may provide you with opportunities to share information
about yourself with others, including our affiliates and service
providers, as well as the relevant carrier, broker and shipper for any
particular order. The Application uses location-based services in order
to perform many of its primary functions. You hereby consent to the
collection, transmission and use of your location data by the
Application as further described in the Privacy Notice. All information
we collect through or in connection with this Application is subject to
our Privacy Notice available at https://haulex.com/privacy-policy-mobile. By downloading, installing, using, and providing information to or
through this Application, you consent to all actions taken by us with
respect to your information in compliance with the Privacy Notice.
6. Content and Services.
(a) The Application may provide products and services, certain features,
functionality, and content accessible on or through the Application
(collectively, “Content and Services”). Your access to and use of such Content and Services are
governed by this Agreement and the Privacy Notice. The End User may
enter information or data and may transmit photos or other materials in
connection with the End Users’ use of the Application.
(“Application Data”). You agree that the Company is and shall remain the sole and
exclusive over of all right, title, and interest in and to the
Application Data, including all intellectual property rights therein. In
furtherance of the foregoing, you hereby do:
i. immediately on its creation, assign, transfer, and otherwise convey to
the Company, irrevocably and in perpetuity, throughout the universe, all
right, title, and interest in and to such Application Data, including
all intellectual property rights therein;
ii. irrevocably waive any and all claims you may now or hereafter have in
any jurisdiction to so-called “moral rights” or rights of
droit moral with respect to the Application Data; and
iii. take all appropriate action and execute and deliver all documents,
necessary or reasonably requested by the Company to effectuate this
Section 6 or otherwise as may be necessary for the Company to prosecute,
register, perfect, or record its rights in or to any Application Data or
any intellectual property right therein.
(b) You hereby appoint the Company as your attorney-in-fact with full
irrevocable power and authority to take any such actions and execute any
such documents if you refuse or, within a period deemed reasonable by
the Company, otherwise fail to do so.
7. Geographic Restrictions.
(a) The Content and Services are based in the United States and provided
for access and use only by persons located in the United States. You
acknowledge that you may not be able to access all or some of the
Content and Services outside of the United States and that access
thereto may not be legal by certain persons or in certain countries. If
you access the Content and Services from outside the United States, You
are solely responsible for compliance with local laws. You also agree
that you will comply with all applicable laws, domestic or foreign,
including but not limited to the laws and regulations concerning import
and export of goods, the Foreign Corrupt Practices Act and other laws
prohibiting bribery, nondiscrimination, forced or involuntary labor, and
equal opportunity in employment.
8. Updates.
(a) The Company may from time to time in its sole discretion develop and
provide Application updates, which may include changes, upgrades, bug
fixes, patches, other error corrections, and/or new features
(collectively, including related documentation, “Updates”).
Updates may also modify or delete in their entirety certain
features and functionality. You agree that the Company has no
obligation to provide any Updates or to continue to provide or enable
any particular features or functionality. Based on your Mobile
Device settings, when your Mobile Device is connected to the internet
either: (a) the Application will automatically download and install all
available Updates; or (b) you may receive notice of or be prompted to
download and install available Updates.
(b) You shall promptly download and install all Updates and acknowledge and
agree that the Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be
deemed part of the Application and be subject to all terms and
conditions of this Agreement.
(c) You acknowledge that You are expected to check this page each time you
access the Application so that you are aware of any changes, as they are
binding upon you. Your continued use of the Application, Content and
Services will be deemed Your acceptance of any changes to these
Terms.
9. Third-Party Materials.
(a) The Application may rely upon, display, include, or make available
third-party content (including data, information, applications, and
other products, services, and/or materials) or provide links to
third-party websites or services, including through third-party
advertising (“Third-Party Materials”). You acknowledge and
agree that the Company is not responsible for Third-Party Materials,
including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality, or any other aspect thereof.
The Company does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely
as a convenience to you, and you access and use them entirely at your
own risk and subject to such third parties’ terms and
conditions.
10. Term and Termination.
(a) The term of this Agreement commences when you download the Application
and will continue in effect until terminated by you or the Company as
set forth in this Section 10.
(b) You may terminate this Agreement with thirty (30) days advance notice
to HaulEx.com to terminate your Account. Upon the expiration of said
thirty-day notice period You shall then delete the Application and all
copies thereof from your Mobile Device.
(c) The Company may terminate this Agreement and/or Your access to the
Application at any time without notice for any reason including but not
limited to if it ceases to support the Application, which the Company
may do in its sole discretion. In addition, this Agreement will
terminate immediately and automatically without any notice if you
violate any of the terms and conditions of this Agreement. HaulEx.com may
deny or cancel your Account with the Application immediately at its sole
discretion if complaints are received.
(d) Upon termination, (i) all rights granted to you under this Agreement
will also terminate; and (ii) you must cease all use of the Application
and delete all copies of the Application from your Mobile Device and
account.
(e) Termination will not limit any of the Company’s rights or
remedies at law or in equity. Furthermore, any payment obligations
incurred by You pursuant to this Agreement or through Your use of the
Application may survive termination.
11. Disclaimer of Warranties.
(a) The Application is provided to You “As Is” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law. The Company, on its own behalf and on
behalf of its affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory, or otherwise, with respect to the Application,
including but not limited to any functions of the Application relating
to use of any global positioning system/s/ (“GPS”) and all
implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement, and warranties that may arise out of course
of dealing, course of performance, usage, or trade practice. Without
limitation to the foregoing, the Company provides no warranty or
undertaking, and makes not representation of any kind that the
Application will meet Your requirements, achieve any intended results,
be compatible, or work with any other software, applications, systems of
services, operate without interruption, meet any performance or
reliability standards or be error-free, or that errors or defects can or
will be corrected.
(b) HaulEx.com shall not be liable for any direct, special, indirect,
incidental, consequential, exemplary, extra-contractual, or punitive
damages of any kind whatsoever, including, without limitation, lost
revenues or lost profits, which may or does result from the use of,
access to, or inability to use the Application, the content, or the
products or services connected therewith, regardless of legal theory,
whether or not any party had been advised of the possibility or
probability of such damages, and even if the remedies otherwise
available fail their essential purpose.
(c) You acknowledge that HaulEx.com' sole obligation and exclusive
responsibility in the event of material and continuing non-conformity,
defect or error in the Application shall be to take reasonable
corrective actions upon discovery of the problem. HaulEx.com’
liability is limited to the fullest extent permitted by law. In no event
shall HaulEx.com and/or its third-party information provider’s
cumulative liability under this Agreement exceed the total fees paid by
You to HaulEx.com during the preceding month.
(d) HaulEx.com presents information in many ways; most often on our
websites; always as a service to You. Our goal is to provide the most
accurate information available in our complex and constantly changing
transportation marketplace. While we endeavor to be as accurate and
timely as possible, we make no warranty or guarantee concerning
accuracy, reliability, completeness, or suitability, and provide all
information, including but not limited to information generated from GPS
data, AS IS. Use of the Application is at your own risk. HaulEx.com
endeavors to keep this information as updated as possible, however, You
are responsible for verifying the accuracy of all information input by
you into the Application and of all information provided to you by the
Application. You must make your own determination as to safety,
authority and/or business practices. HaulEx.com provides the Application
as a venue for carriers, brokers, freight forwarders, shippers, dealers
and manufacturers or other entities to meet in order to offer sell and
buy services. HaulEx.com is not involved in the actual transaction
between buyer and seller. While HaulEx.com may help facilitate, it has no
control over and does not guarantee safety or legality. By using the
Application, You agree that it is your sole responsibility, as a user of
the Application, to check the credentials, including but not limited to
the safety/authority record, of any party introduced to You by the
Application.
12. Your Account.
(a) To access the Application, You must register for an Account
(“Account”) with HaulEx.com. You agree to provide true,
accurate and complete information as prompted by the registration form
and all forms You access in our site or receive directly from a
HaulEx.com representative, and You agree to update this information to
maintain its truthfulness, accuracy, and completeness. By
subscribing to the Application, You authorize HaulEx.com to include data
about You in the Application’s internal directory and also in the
directories of related services provided by HaulEx.com. This data may
include publicly available data about you or your company such as your
name, address, contact information, DOT profile (if any) as well as any
other data You have provided HaulEx.com or the Application about your
company and operations.
(b) You acknowledge that the Application allows you to make your own
independent evaluations as to the condition of any vehicle or cargo. Any
contract or agreement for vehicle transport that you may enter into by
accessing the Application, is solely between you and the applicable
carrier, broker, dealer, freight forwarder, shipper, dealer,
manufacturer or other entity. The Company has no monitoring,
enforcement or other obligations or responsibilities in relation to
compliance with such industry and professional standards. The Company
provides the Application merely as a means of facilitating electronic
proof of delivery documentation and electronic invoicing. You
acknowledge that if you disable certain functionalities of the
Application including geotagging and/or location services, the
Application will not function as intended. Furthermore, disabling such
functionalities could conflict with your obligations to your respective
carrier. You are responsible for, and will indemnify and hold the
Company harmless from and against, any claims arising out of your
responsibilities or failure to comply with obligations imposed on you by
your carrier, industry and professional standards, or your failure to
enable the Application as intended.
(c) HaulEx.com assumes no responsibility for whether You or other users
abide by all applicable industry and professional standards, including,
without limitation, the:
i. pick-up and delivery of vehicles within the agreed-upon windows of time
and at the agreed-upon price (and to the extent you arrange delivery
directly with the customer, including alternative arrangements, you are
solely responsible for any liability in connection with such alternative
arrangements, and you shall indemnify and hold the Company harmless from
and against any claims or losses arising therefrom);
ii. prompt notification to all appropriate parties of unexpected delays in
the pick-up or delivery of vehicles;
iii. handling of vehicles so as to avoid any personal injury or damage to
the vehicles;
iv. providing to appropriate parties with a completed and signed bill of
lading/vehicle condition form upon delivery of the vehicles;
v. Adherence and compliance with any and all Federal, State and Municipal
rules and regulations governing the use of electronic documents;
vi. handling of damage claims in a fair and responsive manner;
vii. interaction with all parties in a professional and courteous
manner;
viii. maintenance of adequate insurance coverage and applicable licenses and
bonds at all times; and
ix. compliance with all applicable laws, rules and regulations.
(d) The Application may refer to some services or programs that are not available to
You without specifically identifying the reason that the service of
program is not available. Reference to such services or programs by the
Application does not imply that HaulEx.com intends to offer such services
or programs to all users or locations.
(e) The Application may provide certain services that are available to You via your
mobile phone or other mobile device if You have subscribed to them,
including the ability to use your mobile device to receive and reply to
messages from the Application and/or HaulEx.com and to access certain
other features (collectively, the "Mobile Services"). Your
mobile carrier's normal messaging, data, and other rates and fees
may apply to your use of the Mobile Services and HaulEx.com does not
assume any responsibility for any such rates and/or fees. In addition,
downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your mobile carrier, and not all Mobile
Services may work with all carriers or devices. Therefore, You are
responsible for checking with your mobile carrier to determine if the
Mobile Services are available for your mobile devices, what
restrictions, if any, may be applicable to your use of the Mobile
Services and how much they will cost You. By using the Mobile Services,
You agree that the Application and/or HaulEx.com may communicate with You
by SMS, MMS or other electronic means to your mobile device and that
certain information about your usage of the Mobile Services may be
communicated to HaulEx.com. In the event You change or deactivate your
mobile telephone number, You agree to promptly update your mobile
subscription account information with us to ensure that the messages
HaulEx.com intends to send to You are not sent to another entity who
acquires such mobile telephone number.
(f) HaulEx.com may, from time to time, monitor or review discussions, chats,
blogs, forums, social media postings, transmissions, bulletin boards,
and the like on the Application or other services. You understand and agree that HaulEx.com is under no obligation to do so
and assumes no responsibility or liability arising from the content of
any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information contained within such locations
on the Application. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that could be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law. HaulEx.com will fully cooperate with any law enforcement authorities
or court order requesting or directing HaulEx.com to disclose the
identity of anyone posting any such information or materials. HaulEx.com
reserves the right to remove messages or material posted by You, as a
user of the Application, to message boards or other areas, at its sole
discretion. By submitting messages and/or materials to the Application,
You agree to indemnify, defend and hold harmless HaulEx.com from all
damages, costs and expenses, including reasonable attorneys' fees
and costs arising out of all claims, challenges or actions, including
claims for infringement, libel and slander, related to your
submission.
(g) HaulEx.com may, from time to time, make messaging services, chat
services, bulletin boards, message boards, blogs, other forums and other
such services available on or through the Application and/or its
websites. In addition to any other rules or regulations that we may post
in connection with a particular service, You agree that You shall not
upload, post, transmit, distribute or otherwise publish through any
website or any service or feature made available on or through our
websites, any materials which:
i. restrict or inhibit any other user from using and enjoying the websites
or the websites’ services;
ii. are fraudulent, unlawful, threatening, abusive, harassing, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent;
iii. constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law;
iv. violate, plagiarize or infringe the rights of third-parties including,
without limitation, copyright, trademark, trade secret, confidentiality,
contract, patent, rights of privacy or publicity or any other
proprietary right;
v. contain a virus, spyware, or other harmful component;
vi. contain embedded links, advertising, chain letters or pyramid schemes
of any kind; or
vii. constitute or contain false or misleading indications of origin,
endorsement or statements of fact.
(h) You further agree not to impersonate any other person or entity,
whether actual or fictitious, including anyone from HaulEx.com. You also
may not offer to buy or sell any product or service on or through your
comments submitted to our forums. You alone are responsible for the
content and consequences of any of your activities.
(i) The Application includes an email invoicing function whereby an
electronic invoice is generated and emailed to the Shipper upon proof of
delivery. Invoices are generated from data you have provided to the
Application. You acknowledge that any errors in the content of said
invoices is Your sole responsibility and not that of HaulEx.com. You
further acknowledge that this invoicing function is for Your convenience
only and HaulEx.com assumes no responsibility for invoicing or other
financial transactions between You and any Third-Parties, including any
disputes that may arise from Your generating your own invoices while the
automatic invoicing function is active or Your failure to generate
invoices should You choose to deactivate the automatic invoicing
function. The automatic invoicing function is activated for your Account
by default but may be deactivated by You in the “Company
Profile” and may also be deactivated by HaulEx.com at
HaulEx.com’ sole discretion at any time.
13. Limitation of Liability.
(a) To the fullest extent permitted by applicable law, in no event will the
Company or its affiliates, or any of its or their respective licensors
or service providers, have any liability arising from or related to Your
use of or inability to use the Application or the content and Services
for:
(b) Personal injury, property damage, lost profits, cost of substitute
goods or services, loss of data, loss of goodwill, business
interruption, computer failure or malfunction, or any other
consequential, incidental, indirect, exemplary, special or punitive
damages.
(c) Direct damages in amounts that in the aggregate exceed (other than as
may be required by applicable law in cases involving personal injury)
the amount of fifty dollars ($50.00).
(d) The foregoing limitations will apply whether such damages arise out of
breach of contract, tort (including negligence), or otherwise and
regardless of whether such damages were foreseeable or the Company was
advised of the possibility of such damages.
14. Indemnification.
(a) You agree to indemnify, defend, and hold harmless the Company, its
affiliates, and its and their officers, directors, employees, agents,
successors, and assigns from and against any and all losses, damages,
liabilities, deficiencies, claims, actions, judgments, settlements,
interest, awards, penalties, fines, costs, or expenses of whatever kind,
including reasonable attorneys’ fees, arising from or relating to
your use or misuse of the Application or your breach of this Agreement,
including but not limited to the content you submit or make available
through this Application. You and the Company acknowledge that in the
event of any third-party claim that the Application or the End
User’s possession and use of the Application infringes that third
party’s intellectual property rights, the Company, and not the
Third-Party Outlet, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim.
15. Export Regulation.
(a) The Application may be subject to U.S. export control laws, including
the U.S. Export Administration Act and its associated regulations. You
represent and warrant:
i. you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country;
ii. you are not listed on any U.S. government list of prohibited or
restricted parties. You shall not, directly or indirectly, export,
re-export, or release the Application to, or make the Application
accessible from, any jurisdiction or country to which export, re-export,
or release is prohibited by law, rule, or regulation; and
iii. You shall comply with all applicable federal laws, regulations, and
rules, and complete all required undertakings (including obtaining any
necessary export license or other governmental approval), prior to
exporting, re-exporting, releasing, or otherwise making the Application
available outside the US.
16. US Government Rights.
(a) The Application is commercial computer software, as such term is
defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of
the U.S. Government or any contractor therefor, you receive only those
rights with respect to the Application as are granted to all other end
users under license, in accordance with (a) 48 C.F.R. §227.7201
through 48 C.F.R. §227.7204, with respect to the Department of
Defense and their contractors, or (b) 48 C.F.R. §12.212, with
respect to all other U.S. Government licensees and their
contractors.
17. Severability.
(a) If any provision of this Agreement is contrary to law or otherwise
unenforceable under any applicable laws or regulations, the remainder of
the provision will be amended to achieve as closely as possible the
effect of the original term and all other provisions of this Agreement
will continue in full force and effect.
18. Governing Law and Dispute Resolution.
(a) This Agreement is governed by and construed in accordance with the
internal laws of the State of Illinois without giving effect to any
choice or conflict of law provision or rule.
(b) The Parties further agree that all actions or proceedings arising in
connection with this Agreement shall be brought either under the
Commercial Arbitration rules promulgated by the American Arbitration
Association, or litigated in the state or federal court located in Cook
County, Illinois. Each party waives any right it may have to assert the
doctrine of forum non conveniens or to otherwise object to venue with
respect to any action or proceeding brought pursuant to this paragraph.
The Parties further agree to submit themselves to the personal
jurisdiction of any court or tribunal authorized by this
Paragraph.
19. Claims.
(a) Any cause or action or claim you may have arising out of or relating to
this Agreement or the Application must be commenced within one (1) year
after the cause of action accrues. Otherwise, such cause of action or
claim is permanently barred. Any and all disputes related to billing
must be presented to HaulEx.com within thirty (30) days of the invoice
date. Direct all inquiries to HaulEx.com at (844) 522-7744, or by e-mail
to operations@haulex.com. In the event HaulEx.com retains legal counsel to enforce this agreement
it shall be entitled to receive attorney’s fees, including fees on
appeal, whether or not suit or action is commenced.
20. Entire Agreement.
(a) This Agreement, our Privacy Notice and any updates thereto constitute
the entire agreement between you and the Company with respect to the
Application and supersede all prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the
Application. HaulEx.com may, from time to time, at our sole discretion, make
changes to certain of the Terms & Conditions. Notification of any
changes will be highlighted on the Application and/or the HaulEx.com
website (“Site”), or any successor site explicitly
designated. Said Site, or successor site shall be accessible via a link
entitled HaulEx.com Terms & Conditions, in advance of any such
change. You agree that Your continued use of the Application after any
changes shall constitute your agreement. HaulEx.com reserves the right
(1) to modify, discontinue or suspend any aspect of the Application or
Site at any time, and (2) to impose limitations/restriction or restrict
access to our Service without notice or liability.
21. Waiver.
(a) No failure to exercise, and no delay in exercising, on the part of
either party, any right or any power hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right
hereunder. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall
govern.
22. Notice.
(a) Any End User questions, complaints, or claims with respect to the
Application should be directed to the Company at the contact information
below:
Paullex, Inc
12711 NE 95th St, Suite B
Vancouver, WA 98682
Telephone: (360) 539 8600.
Email Address: support@haulex.com
23. Third Party Beneficiaries.
(a) You and the Company acknowledge and agree that the Third-Party Outlets
and each of their subsidiaries, are third party beneficiaries of this
Agreement, and that upon the End User’s acceptance of this
Agreement, each Third-Party Outlet will have the right (and will be
deemed to have accepted the right) to enforce this Agreement against you
as a third-party beneficiary thereof.
24. Contact Information.
(a) If you wish to report a concern regarding these Terms & Conditions,
have any questions or need assistance unrelated to the operation of the
Application, please contact HaulEx.com via email at operations@haulex.com, or by telephone at (844) 522-7744.