Terms of Service
Revised Date 08/06/2022
1. Acceptance of these Terms of Service
Thank you for visiting our website (“Our Site”), provided by Carrier Assure Inc. (“Carrier Assure,” “us” “we” and “our”), who operates and owns the website application, website, data analytics and all these features of the application (the “Service”).
By using Our Site, products, and services, and/or by accepting these terms and conditions ("Terms of Service”), you understand, acknowledge, and agree that access to Our Site is being provided contingent on your acceptance of the terms of this Terms of Service and such terms may be made available on an as-is or as-available basis. Please read this Terms of Service carefully.
This Terms of Service constitutes a binding legal contract between you and Carrier Assure and governs your use of all products and services as may be available through Our Site, our software, the Services, our mobile application, and/or in any other forms or media developed and/or provided by or through Carrier Assure (collectively with Our Site, the Services, and to those products as may be available to you, the “Products”).
You may receive access to the Products, Our Site and Services through your Organization (defined below). Therefore, throughout this Terms of Service, the term “you” and “your” means you as an individual user, and your Organization, if and when applicable.
2. Accounts and Passwords
YOU MUST HAVE AN INDIVIDUAL ACCOUNT WITH YOUR VALID CONTACT INFORMATION AND NAME WITH CARRIER ASSURE (“USER ACCOUNT”) TO SUBSCRIBE TO ANY ASPECT OF THE SERVICES, including any fee-based aspect of the Services or free aspect of the Services. There may be opportunities, at Carrier Assure’s discretion where you may register to use the Services and our Site for free or subscribe to a fee-based aspect of the Services online. In all cases, you agree to (a) provide true and accurate account information, (b) choose a strong and secure password; (c) keep your password secure and confidential;(d) not transfer, or attempt to transfer, your User Account or any registration or subscription thereunder, to any other party; (e) promptly report any breach of password confidentiality to Carrier Assure; (f) register the User Account using your legal name; and (g) cancel and close your User Account when you will no longer continue using it. Carrier Assure reserves the right to terminate or suspend your User Account upon reasonable belief that fraud or unauthorized activity has occurred on your User Account. If you share your login information with another individual or company without permission from Carrier Assure, you will be legally responsible for the user fees associated with that individual or company’s use which shall be immediately payable to Carrier Assure along with any other remedies and legal rights Carrier Assure may have against you. If you access our software and data and scrap our data in any way, you will berequired to pay liquidated damages of $10,000 per occurrence. This amount is provided as a way to gauge the loss of revenue that resulted from the datas craping; but, this amount is an additional remedy to Carrier Assure’s other legal remedies available under law.
3. Access and Control by Subscribing Party
If your Organization has paid for your access to Our Site, Products or Services or your access is pursuant to a subscription through, and paid for by an Organization with whom you are employed, contracted with as an independent contractor, enrolled as astudent, or otherwise affiliated (your “Organization”), then that subscribing party has the right to control your access to that aspect of the Services and to receive reports from Carrier Assure (if available, at Carrier Assure’s sole discretion) regarding your use of such aspect of the Services, including, without limitation, any and all data, information, or material uploaded, provided, or shared using that aspect of the Services, and including information regarding your activity using that aspect of the Services.
4. System Requirements
Use of the Services and access to Our Site or Products requires hardware, software, and internet access not provided by Carrier Assure, and your ability to access and use the Services may be affected by the performance of these third-party system components. You acknowledge and agree that such system components are your responsibility. Carrier Assure shall not be liable for the functionality, connectivity, or performance of any third-party system components or the compatibility of any third-party system component with the Products orServices.
6. Age Requirements
The Services and Our Site are not intended for or designed to attract children under the age of thirteen (13) years. By using the Products or Services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Service, and to abide by and comply with this Terms of Service.
7. Grant of License
Subject to your continuing compliance with this Terms of Service, Carrier Assure hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install the Products for use in connection with the Services; (b) use the Services; and (c) access and use Our Site.
Unless otherwise agreed upon in a separate agreement, Carrier Assure, in its sole discretion, shall determine the fees it will charge for any aspect of the Products or Services and payment terms, and Carrier Assure may, upon providing thirty (30) days prior written notice to you through the Services, or otherwise by email, amend such fees and/or payment terms applicable to the Products or Services. If you do not agree to any such fee and/or payment term changes, you may terminate this Agreement or cancel the aspect of Services, as applicable as provided herein within such thirty (30) day period; otherwise all such changes shall the reafter be effective with respect to your User Account, and you agree that Carrier Assure is authorized to charge your credit card for any such new fees applicable to the aspect of Services to which you have subscribed, on the next monthly, or other periodic payment cycle, as applicable.
For any fee-based aspect of the Services to which you subscribe, you also agree to pay us any applicable taxes in addition to the applicable subscription fees. Failure to pay these fees and taxes in accordance with your payment obligations will result in the termination or suspension of your paid Services, and potentially the referral of your User Account to a debt collection agency.
9. Termination and Nonrenewal of User Account
Except for any Organization, whose termination and/or non-renewal rights are specified in the Terms of Service, the following termination and non-renewal provisions apply:
- By you. You can terminate your User Account at any time for any reason by providing written notice to Carrier Assure. You will continue to have access to the Services until the end of your billing cycle. Carrier Assure will not issue refunds for any paid User Account that you terminate.
- Our Right to Not Renew. We reserve all rights to refrain from renewing any User Account or Organization subscription for any reason.
Except as otherwise expressly set forth in this Terms of Service, all notices from Carrier Assure to you under the Terms of Service will be in writing sent by email or through the Services (e.g., a Carrier Assure notification published in your User Account or displayed in an online session). All notices from you to Carrier Assure shall be emailed to firstname.lastname@example.org, except for legal notices, such as notices regarding copyright infringement assertions, which shall be sent email@example.com. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
11. User Generated Content
Our Products, Site and Services allow sharing of information in many ways, and any information and content that you share, or post (your “User Generated Content”)may be seen by others. Where we have made settings available, we will honor the choices you make about who can view content or information (e.g., message content to your addressees, sharing content only to Carrier Assure connections, restricting your profile visibility from search engines, or opting not to notify others of your Carrier Assure profile update). We are not obligated to publish any User Generated Content on our Services and reserve the right to remove any User Generated Content deemed to be objectionable or in violation of this Terms of Service, in Carrier Assure’s sole discretion.
As between you and Carrier Assure, you own the User Generated Content that you submit or post to the Services, and you are only granting Carrier Assure, and our affiliates and licensees, the following non-exclusive license: A worldwide, irrevocable, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, and sublicense to our affiliates any User Generated Content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you orothers, solely in order to provide the Services to you. So long as you remain a valid user, you may be able to remove User Generated Content fromthe Services by deleting it, except (a) to the extent you shared it with othersas part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes us to remove from backup and other systems, if any exist.
YOU UNDERSTAND AND AGREE BY USING, READING AND ACCESSING USER GENERATED CONTENT, SUCH AS REVIEWS AND REPORTS YOU ARE DOING SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT AS A USER OF THE PRODUCTS, SERVICES AND SITE, YOU WAIVE ANY AND ALL RIGHTS AGAINST OTHER VALID USERS OF CARRIER ASSURE (“OTHER USERS”); SUCH A WAIVER OF RIGHTS INCLUDES YOUR WAIVER OF ANY CLAIMS AGAINST OTHER USERS FOR LIBEL, DEFAMATION, NEGLIGENCE AND OTHER SIMILAR CLAIMS.
12. Intellectual Property Rights
Carrier Assure and its licensors own all right, title, and interest in the Products and Services, including without limitation all copyright, trademark, trade secret, and patent right, and reserves all such intellectual property rights. Using our Products and Services does not give you any ownership in our Products and Services or the content or information made available through our Products and Services, and you are only permitted to use our Products and Services for the purposes authorized in this Agreement. Trademarks and logos used in connection with the Products and Services are the trademarks of their respective owners. Carrier Assure and other Carrier Assure trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Carrier Assure. You are prohibited from using Carrier Assure’s trademarks for any purpose, including without limitation to suggest that you or your Organization are sponsored or endorsed by Carrier Assure, without the prior written consent of Carrier Assure.
13. Data Storage
14. Other Content, Sites and Apps and Content Removal
Other persons or entities may offer their own content, products, and services through our Services, and we are not responsible for that third-party content, products, or services. Your use of such third-party content, products, or services shared through our Services, is at your own risk. Carrier Assure generally does not review and is not responsible for third-party content, products, or services provided through our Services. You are responsible for deciding if you want to access or use third-party content, products, and services (including, without limitation, apps or sites that link from our Services, if any). Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should carefully read the legal terms and privacy policies of any sites or apps linked from the Services before deciding whether to use those sites or apps. You also understand that Carrier Assure does not, and has no obligation to, monitor, pre-screen or pre-approve, or evaluate the integrity of any third-party content, products, or services offered through our Services, but that Carrier Assure shall nonetheless have the right, but not the obligation, in its sole discretion, to refuse, delete or remove any third-party content, products, or services that may be offered through the Services for any reason, including without limitation a violation of applicable law or any of this Terms of Service.
15. Prohibited Use
You represent and warrant that you will not use the Services and/or Products for any of the following purposes or activities:
- conducting or supporting illegal activity of any type whatsoever, or using the Products or Services in violation of any applicable law or regulation, including without limitation laws relating to privacy and data security;
- transmitting or storing worms or viruses, ransomware, or any malicious code designed to access information without authorization, steal it, intercept it, or alter it, or for any other unauthorized or destructive purpose;
- threatening, defaming, slandering, libeling, harassing, abusing, impersonating, injuring or intimidating others;
- interfering with others' use of the Services;
- delivering spam or collecting information to deliver spam, or sending advertisements;
- copying, reselling, reproducing, distributing, leasing, sublicensing, or otherwise transferring, the Products or Services or access thereto, or any reports or data generated therefrom;
- offering to enable, or enabling any third parties to use the Services or Products;
- commercially exploiting, decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in Services or the Products;
- displaying or publishing the Products or Services, including without limitation on any website or service, or using the Products or Services to create, develop, produce, or market a substantially similar product or service;
- making any modification, adaptation, improvement, enhancement, translation or derivative work from the Products or Services;
- disguising the origin of any content transmitted through Services or obscuring or misrepresenting your account identity on the Services;
- causing the launch of any automated system(s) that access the Services in a manner that sends more request messages to servers of the Services in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser (e.g., Denial-of-Service attack);
- data mining, scraping, crawling, redirecting, or compiling data for any purpose other than one authorized pursuant to this Terms of Service;
- infringing or using any proprietary information or interfaces of the Products or Services or other intellectual property of the Products or Services for any reason not authorized by this Terms of Service; or
- attempting to remove or obscure any proprietary notices on the Products or Services.
16. Warranties You Provide
You warrant and represent to Carrier Assure that you: (a) are authorized to consent to the terms of this Terms of Service, (b) are not infringing the intellectual property rights or violating the privacy of third parties whenever you provide User Generated Content on or through the Services, and (c) own or are fully authorized to transmit all such User Generated Content through the Services.
18. Copyright Infringement Assertions
If you have a "good faith" belief that third-party content provided on Carrier Assure infringes your intellectual property rights, and you wish for Carrier Assure to consider the alleged infringing content, you should provide the following information to us: (a) identify, with specificity, your protected work that you reasonably believe is being infringed upon; (b) identify the content that you reasonably believe is infringing upon your protected work, including sufficient information to allow Carrier Assure to locate the alleged infringing content; (c) provide your contact information, including full name, mailing address, telephone number, and email address; (d) provide a written statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; (f) provide your signature on the notification (or an electronic signature); (g) send your notification to our Designated Agent by both e-mail to: firstname.lastname@example.org
19. Warranty, Waivers, Assumptions of Risk and Disclaimers
YOU AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARRIER ASSURE (ON BEHALF OF ITSELF AND THE CARRIER ASSURE PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. CARRIER ASSURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OURSITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. CARRIER ASSURE DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE CARRIER ASSURE PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE CARRIER ASSURE PARTIES WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, SERVICES, PRODUCTS AND THE SITE INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATIONOR DATA. IN ADDITION, WE ARE NOT OBLIGATED TO PROVIDE ANY MAINTENANCE, TECHNICAL, OR OTHER SUPPORT FOR THE SERVICES.
Carrier Assure does not function as a transportation broker or arrange for the movement of freight. All such arrangements may be made by the users of the Services,and any terms and conditions of such freight movement, including withoutlimitation any pricing or payment terms, are solely among the users of our Services. No agency, partnership, joint venture, employee–employer orfranchisee–franchisor relationship is intended or created by your use of the Servicesor by these Terms of Service.
You use the Services at your own risk. While we make reasonable efforts to post and supply accurate and timely information, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF THE ACCURACY OF CONTENT ON THE SERVICES OR CONTENT OTHERWISE PROVIDED TO YOU BY US THROUGH AN ALTERNATIVE MEANS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR INACCURACIES, ERRORS, OR OMISSIONS IN SUCH CONTENT. Without limiting the foregoing in anyway, we make no representations or warranties whatsoever: (a) regarding there liability, timeliness, quality, suitability, or availability of our Services;(b) that our Services will be uninterrupted or error- free; or (c) regarding the quality, qualifications, suitability, safety, accident history, vehicle history, criminal or civil liability history, creditworthiness or experience of any of the users of our Services. In addition, by using the Services, you acknowledge and agree that we do not, and have no duty to, conduct any investigations orevaluations relating to any of the foregoing. You fully and completely assume all risk of using the Services and any content, materials or informationprovided to you by us or any other user of the Services.
20. Limitation of Liability
IN NO EVENT SHALL ANY OF THE CARRIER ASSURE PARTIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND CARRIER ASSURE’S CONTROL; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PRODUCTS OR SERVICES; (III) LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CARRIER ASSURE’S PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF CARRIER ASSURE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS OR SERVICES BY ANY THIRD PARTY; AND (VII) ANY LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES SHARED THROUGH OUR SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARRIER ASSURE, OR ANY OTHER PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CARRIER ASSURE PARTIES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
If a court of competent jurisdiction determines that any provision of this Terms of Service is invalid or unenforceable for any reason, that provision shall be severed from this Terms of Service (in that jurisdiction only) and the remainder of the Terms of Service will continue in full force and effect. Delay or failure to enforce or insist on strict compliance with any of the provisions of this Terms of Service will not constitute a waiver of that or any other provision or otherwise modify this Terms of Service. Carrier Assure’s waiver of any right related to this Terms of Service must be express and in writing to be valid; any waiver by Carrier Assure on one occasion will not waive any other right, constitute a continuing waiver, or waive that right on any other occasion. You should consult with your attorney before agreeing to the terms of this Terms of Service. Your agreement to this Terms of Service constitutes your affirmation that you have consulted with, or have had the opportunity to consult with, your attorney regarding this Terms of Service. Therefore, no rule of construction or interpretation that disfavors the drafting party will apply to interpretation of this Terms of Service.
22. General Provisions
23. Beta Services
Carrier Assure may, from time to time, offer access to services that are classified as a beta version, which means we are testing and learning from versions that are pre-production (“Beta Version”). Access to and use of Beta Versions may be subject to additional agreementsCarrier Assure makes no representations that a Beta Version will ever be made generally available and reserves the right to discontinue or modify a Beta Version at any time without notice. Beta Versions are provided as-is, may contain bugs, errors or other defects, and your use of a Beta Version is at your sole risk. We can terminate or disable your use of the Beta Version at any time. Likewise, you may decide to stop using the Beta Version at any time. We may remove your access to features of the Beta Version at any time. You understand that we’re not responsible for any issues or problems caused by the Beta Version. We have no obligation to provide any kind of support for the Beta Version.
The Terms of Service remains effective for so long as your User Account remains active, or your Organization’s subscription(s) remain active, or you access our Site, Products or utilize our Services, whichever is longer. Upon expiration or termination of this Terms of Service, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive, including, without limitation, Sections 17 (Indemnification), 19 (Warranty Disclaimer), 20 (Limitation of Liability), 21 (Severability/Waiver/Construction), and 22 (General Provisions).
25. Carrier Assure Community Policies
Carrier Assure strives to provide a positive, stimulating and safe environment for encouraging collaboration. We believe that almost all of our users will naturally contribute to promoting such an environment, but as a reminder, here are some rules (not intended to be comprehensive) that must be followed (“Community Policies”).
- No Bullying and/or Harassment - Carrier Assure allows users to speak freely on matters and people of public interest, but we strive to take action on reports of abusive, harassing, threatening, or defamatory behavior directed at individuals. Repeatedly targeting users with unwanted friend requests or messages is a form of harassment.
- Sharing, posting, or transmitting any material or communication that is designed to provoke, harass, upset, embarrass, or antagonize anyone (including Carrier Assure staff or other users), especially trolling, bullying, or intimidating, is strictly prohibited within any Service, Products or Our Site.
- Users are not allowed to impersonate a fictitious person or steal and utilize data from another person. Carrier Assure requires that users register with their legal names and account identities when using the Services. Users are prohibited from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization or person, or creating multiple accounts undermines community and violates Carrier Assure's Terms of Service.
- Carrier Assure does not permit use of the Services to disseminate hateful speech or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events, and practices, Carrier Assure does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, familial status, disability or medical condition, or other protected class.
- Carrier Assure can be a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence will not be tolerated on our Services.
- Carrier Assure has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose limitations on the display of nudity.
- Before sharing content on Carrier Assure, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights including, but not limited to, not conducting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
- We take the safety of our users seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our other users by not contacting them for commercial purposes without their consent.
- By using our Service, you agree to provide us feedback, and any feedback you provide belongs to Carrier Assure.