Introduction
This External End User Agreement (“EEUA“) is an agreement between you and Cargo Claim Solutions, LLC (d/b/a FreightClaims.com) (“we” or “us“). This EEUA is about your access to and use of FreightClaims.com, our online, software-as-a-service platform for the investigation, management and adjudication of shipping claims between carriers and shippers (“FreightClaims.com”), granted to you by a third-party with whom we have entered into a written Master Subscription Agreement (a “Customer”).
Make sure to read this EEUA carefully before using FreightClaims.com. If you tap or click “I agree,” “I accept,” or any similar button or box related to this EEUA, or if you access and use FreightClaims.com, you’re agreeing that you will follow all of the rules, requirements, and restrictions in this EEUA.
We can change this EEUA at any time and for any reason. When we do, the changes will apply from that point onward. We will let you know about these changes using reasonable methods, like making the updated EEUA available to you through FreightClaims.com or on our website.
Because of this, it’s important to review this EEUA from time-to-time. If you continue to access and use FreightClaims.com after we make a change to the EEUA, it means you accept the updated EEUA.
The “Last Updated” date at the top of this EEUA shows the date that it was last changed.
The information and resources you access through FreightClaims.com are made available by us, our suppliers, vendors, Customers and other third parties. You agree to use FreightClaims.com in accordance with the terms of this EEUA. You may only use FreightClaims.com if you agree to this EEUA. If you don’t agree to this EEUA, you cannot use FreightClaims.com.
Disclaimer
THIS EEUA CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING FREIGHTCLAIMS.COM, YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS EEUA.
WHILE WE MAY CORRECT ERRORS, OMISSIONS, OR INACCURACIES IN FREIGHTCLAIMS.COM, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS, MERCHANDISE, OR OTHER RESOURCES AVAILABLE THROUGH FREIGHTCLAIMS.COM. THE ACCURACY, SUBSTANCE, AND SUFFICIENCY OF SERVICE OR PRODUCT INFORMATION ON THE SOFTWARE OR SERVICES CAN’T BE GUARANTEED. THERE ARE NO GUARANTEES OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY, OR TIMELINESS OF ANY OF THESE RESOURCES, WHETHER THOSE RESOURCES ARE PROVIDED BY US OR A THIRD PARTY. IN ALL WAYS, WE ARE PROVIDING FREIGHTCLAIMS.COM ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THAT CASE SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Rights to Use FreightClaims.com
As long as you follow the rules in this EEUA, and as long as we allow it, we grant you a limited, non-transferable, non-exclusive right to access and use FreightClaims.com on your device(s), as applicable, for internal business purposes. This means that you cannot resell access to FreightClaims.com, and you are not allowed to use it for any personal, business or commercial purpose not authorized by this Agreement. This license can be taken away by us at any time and for any reason, or for no reason whatsoever.
Ending This Agreement
You can end this EEUA by stopping your use of FreightClaims.com, but some of your obligations will continue even after termination of this EEUA. If you break any terms of this EEUA or if it’s ended, the rights we granted to you will stop, but some rights that you granted to us will still apply.
We may, at any time and for any reason (with or without cause), immediately: (a) stop your authorization to use FreightClaims.com; (b) remove or destroy Access Credentials; (c) delete and destroy any Submissions you or others put on the Services; (d) limit access to your account; and (e) block you from future use of FreightClaims.com — all without notice or responsibility to you.
If this EEUA ends, the rights described above also end, and you may not make any further use of FreightClaims.com.
Usage Rules & Requirements
You agree that FreightClaims.com belongs to us, and our licensors and suppliers. When you use FreightClaims.com you are not allowed to:
(a) send automated or recorded requests to FreightClaims.com, unless we specifically approve it;
(b) access FreightClaims.com using anything other than the current released version;
(c) copy, modify, distribute, sell, or create things based on FreightClaims.com, unless we specifically approve it in writing;
(d) try to decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover the source code of FreightClaims.com;
(e) remove any marks that shows FreightClaims.com belongs to us;
(f) use FreightClaims.com to compare it to products/services from other companies;
(g) take actions that would cause any part of FreightClaims.com, including its source code, to be made public;
(h) use FreightClaims.com to transmit harmful computer code, like viruses, worms, Trojan horses, Easter eggs, time bombs, spywares or any other code file or program that is potentially harmful or invasive, or intended to damage or hijack the operation of computer hardware, software, or equipment;
(i) use FreightClaims.com to gather information about other users;
(j) use FreightClaims.com to “scrape” or download the content of FreightClaims.com in a systematic way.
You may not disrupt FreightClaims.com functioning or use it in a way that interferes with other users’ use, for example by hacking or defacing any portion of FreightClaims.com, or by engaging in spamming, flooding, or other disruptive activities. You may not use FreightClaims.com to share harmful, offensive, or unlawful content. This includes content’ that’s threatening, harassing, false, explicit, or discriminatory, or encourages illegal actions.
If we think or suspect your actions break the law or harm our interests or the interests of other users, partners, affiliates, sponsors, providers, licensors, or merchants we may stop or pause your access to FreightClaims.com without telling you. This is our decision to make.
When you share your personal information with us, you need to make sure it’s accurate, up-to-date, and true. You’re responsible for keeping this information correct. If you provide personal information that’s false, inaccurate, or incomplete, that we suspect it is false, inaccurate, or incomplete, or that appears that you may be attempting to impersonate someone that you are not, we can suspend or close your account without telling you. This might stop you from using FreightClaims.com. We may do this without prior notice. You understand that we can delete your account along with all your account’s information and stop your access to FreightClaims.com. We won’t be held responsible to you or anyone else if this happens.
Accessing FreightClaims.com
When you either create an account or are provisioned as an authorized user to access FreightClaims.com, you may need to provide a username and password, personal identification number (“PIN”) or, if available on your device, a biometric identifier like a fingerprint or facial scan. These are called “Access Credentials”. We might not give you an Access Credential if it looks like you’re impersonating another individual, if the Access Credential is against the law, if it’s protected by trademark or other rights laws, if it’s offensive, or if it could cause confusion. We’ll decide this based on our judgment.
It’s up to you to keep your Access Credentials safe and secret. You are responsible for all the activities connected to your Access Credentials. If someone uses your Access Credentials without permission or if there’s a security breach, tell us right away. Don’t let others use your Access Credentials to access FreightClaims.com. We are not responsible for checking if the person using an Access Credential is really who they claim to be. If we think that an Access Credential might not be secure, we may cancel it without providing you with notice. This decision is up to us, based on our own judgment.
You are responsible for making sure you have and pay for all the necessary things to use FreightClaims.com. This includes hardware, software, and any services like internet or telecommunications that you need.
Using the internet to access FreightClaims.com might lead to charges from your wireless carrier, internet provider, or other internet access method. These charges are your responsibility. We don’t control these networks. Using them might not be secure and could expose any information that’s sent over your wireless carrier, internet, internet providers, or other internet access method.
Content, Copyrights, and Trademarks
FreightClaims.com, its related documents, and the text, graphics, legends, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, or page headers provided by us through FreightClaims.com (collectively called “Content”) are protected by copyright and other intellectual property laws. Content is owned by us and our licensors and suppliers. You may not remove or change any copyright or trademark notices. Our copyrights and trademarks can’t be used with products or services that aren’t ours, or in a way that could cause confusion or violate our rights.
Submissions, Communications, and Feedback
FreightClaims.com allows you upload or share information and materials, like comments, personal data, text, photos, and images. These things you upload are called “Submissions”. When you upload Submissions to FreightClaims.com, you agree to give us a non-exclusive, non-cancellable, royalty-free, worldwide, transferable, and sub-licensable license to use those Submissions for any legal purpose. When you upload Submissions, you agree that you: (i) are authorized to upload the Submissions, (ii) own the Submissions, or (iii) have the legal right or obligations to upload the Submissions, and that you can grant us this license. We’re not responsible for any Submissions you or others upload through FreightClaims.com. We are not obligated to monitor, check, control, or edit those Submissions to make sure they follow the law or this EEUA. Some Submissions from other users might be offensive, harmful, inaccurate, or misleading. Be cautious and use your judgment while using FreightClaims.com. We are not responsible for Submissions posted by other users and have no obligations or liability related to them. WE RESERVE THE RIGHT TO REMOVE ANY SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR JUDGMENT THAT IT VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON FREIGHTCLAIMS.COM.
You may be requested or required to provide Submissions related to or in response to a claim or other dispute that you may be involved in with one of our Customers. To be clear, we are not party to, and are not responsible for any claim or dispute that you may be involved in with one of our Customers and will have no liability to you whatsoever for the activities of our Customers.
When you send us emails, text messages, or any other electronic messages, you’re agreeing to get responses from us electronically, including through FreightClaims.com. This means that any agreements, notices, disclosures, or other communications we send you electronically meet the legal requirement for written communications.
Any suggestions, feedback, and information you provide to us about FreightClaims.com (collectively called “Feedback”) and any improvements, updates, or modifications that we make to FreightClaims.com in response to your Feedback (collectively called “Revisions”), belong to us. Even if you give us Feedback, it doesn’t give you any rights FreightClaims.com or Revisions that we create. You agree to give up any rights you might have in the Feedback and Revisions, including intellectual property rights like patents, copyrights, and trademarks.
Updates
We can’t guarantee that any version FreightClaims.com will work with all hardware or software versions, including future updates of your devices or their operating systems. FreightClaims.com might not work with your specific hardware or software versions. We don’t promise to make FreightClaims.com compatible with your specific hardware or software.
Privacy
While using FreightClaims.com, you may provide, and we may automatically collect, information about you and your use of the Software or Services. This may include your real-time location, MAC address, and IP address. Our collection and use of such information is governed by our Privacy and Security Policy and Notice of Privacy Practices. The Privacy Policy is here.
We have the right (but are not required) to monitor the use of FreightClaims.com, including electronic communications related to them. We might share content, records, or electronic communications if allowed by applicable agreements with third parties, including your employer, laws, regulations, or in response to government requests, or if it’s needed to run FreightClaims.com, or to protect rights or property.
Third Party Resources
FreightClaims.com might have links to or provide access to third-party sites, services, products, information, content, materials, merchandise, or other resources (“Third Party Resources”). This includes Submissions and other content made or posted by Customers. These links and access are there for your convenience and reference only. We don’t control Third Party Resources, so we’re not responsible for them or any content they provide. Be aware that we don’t guarantee or endorse Third Party Resources, their security, or the accuracy, relevance, timeliness, completeness, or suitability of their information. We can end these links or access anytime. You’re giving up any claim against us related to these Third-Party Resources.
Limitations of Liability; Indemnification
OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US ARISING FROM YOUR USE OF FREIGHTCLAIMS.COM IS TO DISCONTINUE YOUR USE OF IT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF SERVICE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICE OR THE SITE OR THESE TERMS OF SERVICE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Except to the extent prohibited under applicable law, you agree to indemnify, and defend us, and hold us harmless from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of FreightClaims.com (including any of your Submissions and your use of Third-Party Resources) or any violation by you of this EEUA.
Arbitration and Class Action Waiver
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
- a. Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
- b. Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to this EEUA, your use of the Software, Services and/or our other products and services, or relating in any way to the communications between you and us will be finally resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Arizona, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator’s award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to FreightClaims.com that is unauthorized or exceeds authorization granted in this EEUA or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of this EEUA.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, both you and us each waive any right to a jury trial.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Software or Services infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Software or Services, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices must be sent in writing by mail to Cargo Claim Solutions, LLC (d/b/a FreightClaims.com), [[ADDRESS]] Attn: Legal. Notices or counter-notices may also be sent via email to: [[LEGAL NOTICE EMAIL]].
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees.
Export Laws
You agree that you will not export or re-export, directly or indirectly FreightClaims.com and/or other information or materials provided by us under this EEUA, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, FreightClaims.com may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
U.S. Government Restricted Rights
The Software and/or Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to this EEUA.
Miscellaneous
In addition to any applicable terms governing your access to the Software between you and your employer or the third party which granted you access to the Software, this EEUA constitutes the entire agreement between you and us regarding your use FreightClaims.com. If any term or provision of this EEUA is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms of this EEUA, or this EEUA as a whole, but such a term or provision will be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this EEUA. Your obligations pursuant to this EEUA will survive termination of your use of the Software or Services. The JAMS Rules and the laws of the State of Arizona, excluding its conflicts of law rules, govern this EEUA and your use of FreightClaims.com.
Contact Us
You may contact us about FreightClaims.com or this EEUA by mail Cargo Claim Solutions, LLC, 605 W Knox Rd Ste 206 Tempe, AZ 85284or by email at Webmaster@FreightClaims.com or by phone at 480-570-0681.
