Welcome to Loadguard.ai ("Website"), the premier platform for carrier vetting within the freight industry. Loadguard.ai is proudly presented to you by Loadguard, Inc. ("Loadguard," "we," "us," or "our"), which owns and operates the Website, mobile applications, data analytics solutions, and various other features and services offered through our digital platforms (collectively, the "Services").
By engaging with our Services, including any software, applications, and products provided under the Loadguard brand ("Products"), and by accepting these Terms of Service ("Terms"), you, the user ("you" or "your"), acknowledge and consent to the binding legal agreement established between you and Loadguard. These Terms govern your comprehensive use of our Services and Products.
Access to our Services may be provided directly to you or through an affiliation with an organization, including but not limited to employment, contractual relationships, or other forms of association (referred to as your "Organization"). Therefore, the term "you" as used herein shall apply to both you as an individual user and to your Organization, where applicable.
Your use of Loadguard.ai's Services and Products is also governed by our Privacy Policy, available at [Insert URL for Loadguard.ai Privacy Policy], which outlines our practices for collecting, using, sharing, and safeguarding the personal information of our users. It is imperative that you read these Terms and our Privacy Policy thoroughly and understand them fully.
Should you disagree with any part of these Terms or our Privacy Policy, or if you do not understand them, or if you cannot comply with them in full, then you must immediately cease all use of our Services and Products. By continuing to use our Services, you represent and warrant that you have read, understood, and agreed to be bound by these Terms and the associated Privacy Policy.
In order to fully engage with the capabilities and services offered by Loadguard, including but not limited to our carrier vetting features, data storage, and transfer functionalities, users are required to create and maintain an account with Loadguard (referred to as an "Account").
Accessing certain functionalities of the Service mandates the registration for an Account. When creating your Account, you must provide accurate, current, and complete information as prompted by our registration processes. You are entirely responsible for maintaining the confidentiality of the information associated with your Account, including your password, and for all activities that occur under your Account. You agree to notify Loadguard immediately of any unauthorized use of your Account or any other breach of security. Loadguard will not be liable for any loss or damage arising from your failure to comply with this section.
It is your responsibility to choose a robust and secure password and to keep your password confidential. You must not disclose your password to anyone else or use anyone else's Account. You agree to exit from your Account at the end of each session and to exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your Account is personal to you and you agree not to transfer or make available your Account to others, whether by assignment, sublicense, or any other means. Any attempt to do so shall be void and may result in the suspension or termination of your Account.
In the event of any unauthorized use of your Account or any other account-related security breach, you commit to promptly inform Loadguard. You acknowledge that you are liable for losses, damages, liability, and expenses incurred by Loadguard or a third party due to someone else using your Account, caused by your failure to keep your Account information secure and confidential.
You have the right to close your Account and discontinue use of the Service at any time. Upon deciding to terminate your Account, you are responsible for canceling any subscriptions or services linked to your Account.
Should your Account credentials be utilized by another entity or individual without authorization, resulting in harm or financial loss to Loadguard, you will be held accountable for compensating the associated damages and legal fees. Furthermore, unauthorized data scraping or framing of Loadguard's content will incur liquidated damages of $10,000 per occurrence, in addition to other legal remedies available to Loadguard.
Loadguard reserves the right to terminate or suspend your Account at any time for any reason, including but not limited to breaches of these Terms, fraudulent activities, or security breaches associated with your Account.
By registering for an Account, you agree to abide by these terms, ensuring the security and responsible use of your Loadguard Account.
Loadguard reserves the exclusive right to update or modify these Terms, including the Loadguard Privacy Policy, at any time and at its sole discretion. Changes to the Terms will be effective from the date they are posted and cannot be applied retroactively. To ensure you are aware of any changes, we recommend reviewing the Terms and Privacy Policy periodically.
Should there be any changes to these Terms or the Privacy Policy, you will be notified upon your next attempt to use the Service. It is your responsibility to review the updated Terms at that time to decide if you agree to the new terms. By continuing to use the Services after such notification, you acknowledge and agree to be bound by the modified Terms.
Loadguard retains the right to modify, suspend, or discontinue, temporarily or permanently, any aspect of the Services at any time and for any reason without prior notice. This includes, but is not limited to, changes in the availability of any feature, database, third-party materials, or content within the Services. You agree that Loadguard is not liable for any modification, suspension, or discontinuation of the Services or any part thereof. Certain modifications may necessitate updates to the software or the Service as a whole for continued use.
Loadguard may, without notice or liability, impose limits on certain features and services, restrict your access to parts or the entirety of the Services, or suspend or terminate your use of the Services. Such actions may be taken for any reason deemed necessary by Loadguard, including but not limited to maintaining the integrity and security of the Services, compliance with legal obligations, or to prevent abuse.
Loadguard's Services, including our website and any related applications, are not intended for children under the age of thirteen (13) years. By using our Services, you confirm that you are at least eighteen (18) years old or of legal age in your jurisdiction, whichever is greater, indicating you have the capacity to agree to these Terms of Service. If you do not meet this age requirement, you must not use the Services.
If you are under the required age, please stop using the Services immediately. Loadguard reserves the right to verify the age of its users and may suspend or terminate accounts of users found to be underage or in violation of this policy.
In recognition of your adherence to these Terms of Service, Loadguard grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license that permits you to: (a) install and utilize any software or applications provided as part of the Services; (b) engage with the Services in accordance with these Terms; and (c) access and make personal and non-commercial use of the Loadguard website.
This license is granted solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by Loadguard, in the manner permitted by these Terms.
By subscribing to any fee-based aspects of Loadguard's Services, you commit to our payment and subscription terms as outlined below. Our Services utilize Stripe for secure processing of monthly subscriptions and other payments.
Subscription and Payment: Upon initiating a subscription to Loadguard's Services, you will be notified of your order, subscription details, and applicable payment obligations through the Services or as otherwise communicated by Loadguard. You agree to pay all applicable fees related to the use of the Services in advance. Payment for these services will be processed through Stripe, a third-party payment processor.
Transaction Information: When making payments, you will provide personal and transactional information necessary for the processing of your payments ("Transaction Information"). This information must be kept accurate and up-to-date for successful payment processing. By subscribing to our Services, you authorize Loadguard to share your Transaction Information with Stripe for the sole purpose of processing payments.
Fee Changes and Notifications: Loadguard reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Should there be any changes to subscription fees or payment terms, we will provide at least thirty (30) days' notice before any new fees take effect. You will be notified of such changes through the Services or via email. If you do not agree with the changes, you have the right to cancel your subscription before the new fees come into effect. Otherwise, you agree that the updated fees will be charged to your account in the next billing cycle.
Taxes and Additional Fees: In addition to the subscription fees, you agree to bear any taxes that might be applicable to your subscription to the Services. Non-payment of these fees and taxes may lead to the suspension or termination of your access to the fee-based Services and may result in your account being referred to a debt collection agency.
Stripe Terms: As payments are processed by Stripe, you agree to abide by Stripe's terms of service and privacy policy. It is important to review these documents to understand Stripe's handling of transaction data. Loadguard is not responsible for the processing and security of your payment information by Stripe.
Termination for Non-payment: Failure to fulfill your payment obligations may result in the termination or suspension of your access to the fee-based Services. Loadguard reserves the right to terminate your subscription if payment is not successfully settled.
By subscribing to Loadguard's Services, you agree to these payment and subscription terms, and you authorize the use of Stripe for the processing of all payments associated with our Services.
Loadguard outlines the conditions under which your account may be terminated or not renewed:
Termination by You: You have the right to terminate your account with Loadguard at any time for any reason. To do so, please provide us with thirty (30) days written notice. Access to our Services will continue until the end of your current billing cycle. Please note, Loadguard does not issue refunds for any remaining portion of your subscription term upon termination, nor do we prorate any invoices for terminated accounts.
Termination by Loadguard: Loadguard reserves the right to terminate, restrict, or suspend your account at any time, without prior notice, for any reason, including, but not limited to:
Under such circumstances, no refunds will be issued for any pre-paid fees or other amounts paid to Loadguard.
Non-Renewal: Loadguard maintains the discretion not to renew any user account or organizational subscription. The decision to not renew can be made for any reason deemed appropriate by Loadguard.
Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease, and you must cease all use of the Services. Loadguard reserves the right to delete any data associated with your account following termination.
By using Loadguard's Services, you acknowledge and agree to these termination and non-renewal terms.
All intellectual property rights in the Services, including without limitation copyrights, trademarks, patents, and trade secrets, are owned by Loadguard or its licensors. Your use of the Services does not grant you any rights to our intellectual property except for the limited license granted under these Terms. You are not permitted to use Loadguard's trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
Any feedback, comments, or suggestions you may provide regarding Loadguard is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Loadguard's Services, including all related content and any content created by users ("User-Generated Content" or "UGC"), are offered to you without warranties of any kind, "as is" and available whenever you need them, complete with any imperfections and without any guarantees. Loadguard, alongside its affiliates, licensors, and service providers, categorically denies all types of warranties, be they explicit, implicit, legal, or otherwise. This includes any presumed warranties of merchantability, suitability for a particular purpose, ownership, and non-violation of rights.
No assurances are given that the Services, our platform, or any content provided, including UGC, will meet your expectations or standards regarding accuracy, completeness, reliability, security, timeliness, quality, compatibility, uninterrupted service, performance standards, or error corrections. We also cannot guarantee that any errors or defects in the Services will be fixed. This broad disclaimer extends to all aspects of the Services, including but not limited to, any offerings, data, or information provided.
Loadguard's Services offer a platform for the dissemination and exchange of information, content, and data by you and fellow participants ("Shared Content"). This can range from opinions and critiques to comprehensive data analyses and reports, all of which may be accessible to the wider user base of the Services. We honor your preferences regarding the accessibility and distribution of your Shared Content, providing tools to manage its visibility.
When you contribute Shared Content to Loadguard, you bestow upon us a non-exclusive, worldwide, royalty-free, sublicensable, and transferrable privilege to utilize, replicate, disseminate, craft derivative works from, showcase, and perform the Shared Content as part of the Services. This privilege is granted exclusively to allow us to maintain and enhance the Services we offer.
Ownership of your Shared Content remains with you, under the condition that you possess the necessary permissions to extend the aforementioned license to us. It is understood that your interaction with and reliance on the Shared Content of others is done at your discretion and risk, and you hereby relinquish any legal or equitable claims or remedies you might hold against Loadguard in relation to such Shared Content.
Our Services may contain links to third-party websites, apps, content, and other products and services that are not owned or controlled by Loadguard. We are not responsible for the content, accuracy, or opinions expressed in such third-party services, and such services are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked third-party service on Loadguard's Services does not imply approval or endorsement by us.
Your interactions with third-party services are solely between you and the third-party service providers, and you access and use these services at your own risk. We encourage you to read the terms and privacy policies of any third-party service you visit.
You agree not to use the Services in any manner that is illegal, infringing, harmful, harassing, or otherwise objectionable. This includes, but is not limited to, using the Services to transmit malicious software, spam, or content that infringes on others' intellectual property rights. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services.
Unless explicitly stated otherwise, Loadguard, including its directors, employees, agents, affiliates, third-party service providers, and content providers, shall not be liable for any form of damage or loss related to the Services, Shared Content, or User-Generated Content under any legal theory including contract, tort, strict liability, negligence, or other legal or equitable theories. This encompasses, but is not limited to:
It's important to note that some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages. Thus, the aforementioned limitations and exclusions may not be applicable to you. In such areas, Loadguard's liability will be constrained to the fullest extent allowed by applicable law.
By engaging with Loadguard's Services, you consent to indemnify, defend, and hold harmless Loadguard, along with its officers, directors, employees, agents, third-party service providers, affiliates, successors, and assigns against any losses, damages, liabilities, costs, or expenses, including reasonable attorneys' fees, stemming from or related to:
You are required to fulfill these indemnification obligations upon Loadguard's incurrence of any related losses or expenses, regardless of whether a formal determination of liability to a third party has been made. You agree to cover all associated costs and damages in full, upon demand, without any conditions.
Loadguard retains the right to manage, settle, or negotiate any related claims at its discretion and may select its legal representation, all without affecting your indemnification duties. These obligations are enduring and will remain in effect beyond the termination or expiration of these Terms, for any reason.
This provision is designed to clearly outline your responsibilities to protect Loadguard against potential claims and liabilities arising from your actions or content shared within the Services.
If you believe in good faith that any content available through Loadguard's Services infringes upon your copyright, we encourage you to inform us. To do so effectively, please provide us with the following detailed information:
Upon receiving a proper notification, Loadguard is committed to acting promptly to address the alleged infringement, including, where applicable, removing or disabling access to the content claimed to be infringing.
This process is designed to ensure that copyright owners' rights are respected while also protecting the rights and freedoms of Loadguard's users.
This section outlines the procedures you and Loadguard will follow to address any disputes, controversies, or claims (collectively, "Dispute") that may arise from or relate to this Agreement, including issues concerning its breach, termination, or validity.
Notices related to Disputes should be sent in accordance with any service agreements, order forms, or as designated by each party.
The terms of this Agreement will be governed by and construed in accordance with the laws of the State of California, disregarding any conflict-of-law principles.
Any legal proceedings arising from or related to these Terms or our Privacy Policy will be exclusively conducted in the federal or state courts located in California. By agreeing to these Terms, you waive any objections to the jurisdiction or venue of such courts.
If any provision within these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be excluded from these Terms only within that jurisdiction, and the rest of the Terms will remain effective and enforceable. A delay or failure by Loadguard to enforce compliance with any provision of these Terms does not constitute a waiver of our rights under these Terms.
Any waiver of Loadguard's rights under these Terms must be explicit and documented in writing to be effective. A waiver applied in one instance does not imply a waiver of any other rights or future instances. Before accepting these Terms, you are advised to consult with legal counsel. Your acceptance of these Terms signifies that you have either consulted with an attorney or have waived the opportunity to do so.
No principle of law or rule of construction that would interpret the provisions of these Terms against the party primarily responsible for drafting them shall apply. This ensures a fair and equitable interpretation of these Terms, regardless of which party drafted them.
These Terms, together with Loadguard's Privacy Policy and any other guidelines or rules provided on the Services as of the date you access them, form the complete and exclusive agreement between you and Loadguard regarding the Services. This agreement supersedes all previous or concurrent discussions, negotiations, commitments, and writings in relation to the Services. By using Loadguard, you acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of Loadguard that is not set out in these Terms or the Privacy Policy.