Ownership. DAS owns and operates the Website. All information, text, graphics, software, and other content that make up the Website (the “Materials”) are the property of DAS or its licensors. Except as expressly provided in this Agreement, nothing within the Website or Materials shall transfer any ownership interest in or license to any of the Materials, whether by estoppel, implication, waiver, or otherwise. Your ownership shall be limited to the personal data which you have entered into your “Load History,” “Address Book” and “Accounting Ledger” sections of Loadpilot and you are encouraged to regularly download these sections into your personal computer using the “Export to Excel” button on those pages.
Hosting & Security of User Data. DAS agrees to host your personal datathat you correctly and appropriately input on the Loadpilot server(s). DAS Loadpilot incorporates 128 bit encryption, an SSL Certificate and database security. Your data will be backed-up nightly at our hosting facility. DAS makes great effort to effectively back-up your data, however for even greater data-loss security you are encouraged to also download your Load History, Address Book and Accounting Ledger and any other important information from time to time using LoadPilot's download to Excel buttons from time to time.
Copyright and Trademark. You acknowledge that the Materials available on the Website are protected by copyright, trademark, patent, or other intellectual property rights of DAS and its licensors. The name “LoadPilot”, and associated logos are proprietary trademarks and service marks of DAS, Inc. Any use of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of DAS or the owner of the mark or name, as applicable, is prohibited.
No Affiliation; Restrictions on Use. In using the Website, you agree you will: (1) not hold yourself out as in any way sponsored by, affiliated with, or endorsed by DAS or its service providers, and (2) not access, copy, or download portions of the Website, other than your personally input data, that are not intended for the public, including, but not limited to, any software and programs used in connection with the Website and the Materials.
Subscription Fees. In consideration for the licenses granted hereunder and during the term of the Agreement, you agree to pay to DAS the Subscription Fee recited in the Website at the time of your registration in accordance with the schedule recited in Website. Upon the expiration or termination of this Agreement, including any termination for failure to pay the Subscription Fee, all rights granted to you under this Agreement shall immediately terminate and revert to DAS and you shall discontinue all use of the Website and Materials.
Account Cancellation & Refund policy. LoadPilot members may cancel their subscription at any time without penalty or additional cancellation fees. LoadPilot members are eligible for a full refund within 48 hours of signing up. Account cancelations after the 48 hour grace period are no longer eligible for a refund and no refunds will be given after this period.
Test Drive Free Trial Cancellation Policy. Please use your free Test Drive time period to explore LoadPilot’s time-saving features. Your account will automatically convert to a “paying” account after the trail period has ended. If you’re are satisfied with your account and wish to continue then do nothing. However, if you would like to cancel and avoid being charged, please contact us. The Test Drive (free trial) period is provided at no cost to you. If you cancel the trial account on or before the end of your trial period, you will not be billed. If you do not cancel your account on or before the renewal date or cancel at a later date, LoadPilot (Dynamic Application Services) will charge the credit card on file (entered during the Test Drive application process) $99 for each month the account is active. You must cancel by calling 1-877-730-1942 Monday through Friday during regular business hours (MST). NOTE: Charges that appear on your credit card statement can not be prorated and are not refundable.
Links to Other Internet Sites. The Website may contain links to other internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that DAS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.
Links to the WebSite or Materials. Any website or other device that links to http://www.loadpilot.com or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that DAS is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with DAS, (e) presenting false information about DAS products or services, and (f) using any logo or mark of DAS or any of its affiliates without express written permission from DAS.
Your Use of Copyrighted Materials. The Website includes an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information to DAS without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify DAS for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant DAS a nonexclusive license to prepare and distribute derivative work of any information or material submitted by you through the Website for the purposes in which they were provided.
Master Carrier Database. The Loadpilot Master Carrier Database is the sole property of DAS. As a subscriber, you are entitled to use it within the confines of the Loadpilot program. You may not download, copy, share, distribute or reproduce in whole or in part any information from the Master Carrier Database.
Your Conduct. We may adopt and revise policies from time to time governing the conduct of our users. You agree not to use the Website or information from other users or the Master Carrier Database to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. You warrant to DAS that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
WARRANTY DISCLAIMER. THE WEBSITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DAS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS. DAS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE MATERIALS; (2) YOUR USE OF THE WEBSITE OR MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL DAS, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS OR DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, LOSS OF PERSONAL DATA ON OR INABILITY TO USE, THE WEBSITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF DAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH DAS, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.
General. If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from DAS shall be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from DAS shall be brought exclusively in the United States District Court, District of Arizona, or the Superior Court of Arizona in and for Maricopa County, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. Any notice to DAS shall be given in writing and sent by certified and registered mail to Dynamic Application Services, Inc., 8433 N. Black Canyon Hwy., Suite 164, Phoenix Arizona, 85021, Attn: Legal Department.
Entire Agreement. This Agreement constitutes your entire agreement with DAS and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. DAS has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exist between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control.
Limitation of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
Reasonableness of Provisions. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, DAS has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by DAS contrary to those set forth above.
Restriction Regarding Minors. You must be at least 18 years of age to use the Website. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Website by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.
Your privacy concerns are important to DAS. This Policy is designed to provide you with the information you need to control your personal information.
2. We collect Personally Identifying Information only if you voluntarily provide it on the website. If you do not wish to provide some or all of the information requested on a screen, or if you have concerns about maintaining the confidentiality of any information, do not provide it. DAS reserves the right to not grant you an account should you choose not to provide your Personally Identifying Information.
3. We may request general information, such as your State and zip code, in order to better serve you and for statistical purposes. For convenience, this information may be stored on your hard drive in a “cookie file.” If you wish to block or delete such files, most browsers provide a method for doing so. This type of general information, as well as information concerning the websites from which users visit our site, and other similar information, may be provided to third parties in aggregate form.
4. We reserve the right to use, without Personally Identifying Information, any questions, comments or other information submitted by users in books, articles, commentaries, research or similar ways. Users may be identified by user name.
6. We will use Personally Identifying Information provided by you for the purpose for which it is given to us. For example, to respond to a request for further information, or to have a representative contact you at your request. It also may be used by us, or by entities with which we contract, for transmission of newsletters and advertisements in which you may be interested, and for such other purposes that are disclosed at the time the information is given. If you receive information that you do not wish to receive, please contact us or follow the instructions for removing your name from the circulation list for that item.
7. DAS’s policy is that the Website may be used only by individuals over the age of 18, and we urge parents to supervise their children’s use of the Website. We do not collect any information from children. However, if a parent learns that a child has submitted Personally Identifying Information to our website, the parent should contact us and that information will be deleted.
8. In making your decision whether to provide Personally Identifying Information, you should be aware of the general risks of transmitting information over the Internet. Our Website generally does use encryption for login, updating Personal Identifying Information, registration, and credit card processing and billing areas. While DAS attempts, to prevent unauthorized persons from accessing our files or tampering with our Website, we cannot guarantee that these efforts will always be successful or that your information will not be lost, misused or altered. DAS is not responsible for any breach of security or any action by a third party that receives the information.
In order to use the LoadPilot Freight Agent Job Bank, you must agree to the following terms and conditions: LoadPilot neither makes any claims regarding, nor accepts any responsibility for, the fitness and/or actions of the brokers/agents/users of LoadPilot freight broker software and the LoadPilot Job Bank. By using the LoadPilot Freight Agent Job Bank, you accept full responsibility for any information you may submit and agree to hold harmless LoadPilot, it’s parent organization Dynamic Application Services, Inc., and the employees/principals of these organizations from any consequential, incidental, direct, indirect or economic damages incurred or suffered by you arising as a result of or related to the use of LoadPilot freight broker software and/or the LoadPilot Freight Agent Job Bank. You must also agree to the rest of our terms and conditions.