The following terms and conditions (“Terms & Conditions”) govern your use of the DAT Solutions, LLC (“DAT”) service which may consist of web sites, mobile applications, installed applications, and service offerings (“Service”). By accessing, viewing, or using the content, material, or services available on or through this Service, you (“You”) indicate that you have read and understand the Terms & Conditions herein and as they may change from time to time, and that you agree to them and intend to be legally bound by them. “You” refers to the individual using the DAT Service and if You use the Service on behalf of a corporation, LLC, partnership, or other business entity, then You shall include that business entity and any individuals associated therewith using our Service. Once You accept these Terms & Conditions, You hereby acknowledge and agree that at anytime, and at its sole discretion, DAT may modify the Terms & Conditions by posting the modified Terms & Conditions on the Service, accessible via a link entitled DAT Terms & Conditions associated with this agreement and/or Site or any successor site explicitly designated. If You do not agree to these Terms & Conditions, You are not granted permission to use this Service.
1. APPROPRIATE USE.
You acknowledge that our service is a neutral venue where customers may meet; as such we have no control over the quality, safety, or legal aspects of the transactions that may take place.
You certify:
2. DAT DISCLAIMER.
DAT 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 AS IS. Use of our Service is at your own risk. DAT does not make safety determinations; we report safety data using government data including, but not limited to FMCSA records. The DAT CarrierWatch® product is aggregate content DAT receives from government and commercial sources customarily determined to be reliable. DAT endeavors to keep this information as updated as possible, however, You must make your own determination as to safety, authority and/or business practices. DAT provides a venue for brokers, carriers and shippers to meet in order to offer sell and buy services. DAT is not involved in the actual transaction between buyer and seller. While we may help facilitate, we have no control over and do not guarantee safety or legality. It is your sole responsibility, as a user of the Service, to check the credentials, including but not limited to the safety/authority record, of any party introduced to You by our service.
3. CHANGE TO TERMS & CONDITIONS/SERVICE & DISCONTINUANCE.
DAT 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 DAT Service associated with this agreement or Site, accessible via a link entitled DAT Terms & Conditions, in advance of any such change. Your continued use of the Service after any changes shall constitute your agreement. DAT reserves the right (1) to modify, discontinue or suspend any aspect of our Service or site at anytime, and (2) to impose limitations/restriction or restrict access to our Service without notice or liability.
4. CONFIDENTIALITY/NON-DISCLOSURE.
DAT 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 (“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 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.
5. PROPRIETARY RIGHTS.
Information provided by DAT or its third party information providers is protected by federal copyright law, and is proprietary to DAT and/or its third party information providers.
Copyright. The protected information found on the DAT Service includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless permission is granted in writing by DAT. DAT owns, solely and exclusively, all rights, title and interest in and to the DAT Service, all the content (including, for example, audio, photographs, illustrations, graphics, pictures, drawings, sketches, other visuals, video, copy, recordings, software, artwork, images, text forms, etc.), code, data and materials thereon, the look and feel, design and organization of the DAT Service, and the compilation of the content, code, data and materials on such Service, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the DAT Service does not grant to You ownership of any content, code, data or materials You may access on these Services.
Trademarks. All trademarks, logos, service marks and trade names displayed on DAT’s Service are registered to DAT Solutions, LLC and may not be used unless authorized by DAT. Those that are not the property of, or licensed to DAT Solutions, LLC, are acknowledged on the Service. Nothing contained on any DAT Service should be construed as granting, by implication, any license or right to use any trademark without our written permission or that of the third party rights holder. Your misuse of any trademark is strictly prohibited. If You would like to license the use of any of our trademarks or have questions regarding trademarks, please contact us.
6. YOUR ACCOUNT.
To access our Service You must register. 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 DAT representative, and You agree to update this information to maintain its truthfulness, accuracy, and completeness.
7. EXPORT RESTRICTIONS.
This Service may refer to some services or programs that are not available worldwide without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that DAT intends to offer such services or programs in all countries or locations. You may not access, download, or use the Service or any material provided on our site in violation of U.S. export laws or regulations.
8. OTHER SITES.
This Service may, from time to time, contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which DAT exercises no control, and DAT expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites. DAT does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.
9. MOBILE SERVICES.
This Service 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 DAT and 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. 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 DAT 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 DAT. 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 DAT intends to send to You are not sent to another entity who acquires such mobile telephone number.
10. COMMUNICATIONS WITH THE SERVICE.
DAT welcomes your feedback and suggestions about how to improve our Service. By transmitting any suggestions, information, material, or other content (collectively, “User Content”) to DAT, You automatically grant DAT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, DAT is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Service for any purpose whatever, including, but not limited to, creating and marketing products or services using such information.
11. SYSTEM REQUIREMENTS.
You agree to abide by recommended system requirements, including amendments and upgrades thereto as published by DAT from time to time, and agree that DAT’s Service shall not be installed or used on any computer system that does not meet minimum requirements.
12. DRIVER SAFETY
You agree to assume full responsibility to drive safely, observe all traffic rules/laws and use your own personal best judgment while driving. You agree that You will not enter or change information or otherwise interact with the Service while driving.
13. MIS-USE OF MEDIA POSTINGS, MONITORING, INDEMNIFICATION.
Although DAT may, from time to time, monitor or review discussions, chats, blogs, forums, social media postings, transmissions, bulletin boards, and the like on the Service, DAT 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 Service. 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. DAT will fully cooperate with any law enforcement authorities or court order requesting or directing DAT to disclose the identity of anyone posting any such information or materials. DAT reserves the right to remove messages or material posted by You, as a user of the Service, to message boards or other areas, at its sole discretion. By submitting messages and/or materials to the Service, You agree to indemnify, defend and hold harmless DAT 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.
14. PUBLIC FORUMS.
DAT 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 our 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 (A) restrict or inhibit any other user from using and enjoying the websites or the websites’ services, (B) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (C) 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, (D) 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, (E) contain a virus, spyware, or other harmful component, (F) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (G) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from DAT. 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.
15. PRIVACY STATEMENT.
DAT respects your privacy and security. DAT’s goal is to provide You with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to You. In order to achieve this goal, DAT may collect information during your visits to understand what differentiates You from other users. This Privacy Statement incorporated and made a part hereof, discloses the information gathering and dissemination practices of DAT and can be viewed at www.DAT.com.
16. DISCLAIMER OF WARRANTY AND LIABILITY.
THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE HEREIN, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN “AS IS” BASIS ONLY. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. DAT MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SERVICE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SERVICE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. DAT 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 this Service, 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. You acknowledge that DAT’s sole obligation and exclusive responsibility in the event of material and continuing non-conformity, defect or error in the Service shall be to take reasonable corrective actions upon discovery of the problem, and in no event shall DAT and/or its third party information provider’s cumulative liability under this agreement exceed the total fees paid by You to DAT during the preceding 6 months. DAT’s liability is limited to the fullest extent permitted by law.
17. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless DAT, its contractors/subsidiaries/affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Service, your use of this Service (or any derivatives of this Service offered to You) or any use under your password whether or not authorized by You, your fraud, violation of law, or willful misconduct, and any breach by You of these Terms & Conditions, including, but not limited to, your use of our site, uploading, emailing, posting, publishing, transmitting or submitting any content related to our site, or any misrepresentation, breach of warranty or certification made by You.
18. FEES & PAYMENTS/PURCHASING SERVICES.
You shall pay all fees at the current rates in accordance with the current DAT payment policies, which may be modified from time to time at the sole discretion of DAT; customarily by written notice specified on your invoice. You are responsible for all taxes. Certain services may require pre-paid fees. If any amount due DAT is not paid as specified, such amount will be subject to a finance charge, equal to 1.5% of the unpaid balance per month (18% per annum) or the highest amount allowable by law whichever is greater. DAT shall apply all payments on accounts first to finance charges, and the remainder, if any, to the principal. DAT reserves the right to hold You responsible for reasonable costs associated with collection, including but not limited to collection agency fees.
Payment is due while service is active even if not used. You agree that any returned payment may be subject to a returned payment fee. Prices are subject to change upon notice. DAT reserves the right to deny service to anyone at its sole discretion and to cancel service upon reasonable notice and/or reasonable attempts to notify.
For credit card customers, You understand that your credit card may be charged for the services selected immediately upon receipt of your access passwords. Thereafter, your credit card may be charged in advance for services provided. Subscription price may be prorated for partial month at start up.
19. SECURITY DEPOSIT.
DAT reserves the right to require a security deposit payable in advance of initiating any service and retain such deposit for a duration determined solely by DAT.
20. DISPUTES.
All billing disputes must be presented in writing to DAT within thirty (30) days of invoice date. Direct inquiries to the Customer Financial Services Department, DAT Solutions, LLC, P.O. Box 23519, Portland, Oregon 97281-3519, or via FAX at 503.672.5108, or by e-mail to billingservices@dat.com.
21. TERMINATION POLICY. (As Applicable.)
DAT may with or without notice, terminate your access to this Service in the event You violate these Terms & Conditions or for any reason or for convenience. DAT may deny or cancel service immediately at its sole discretion if complaints are received. You may request to terminate at any time upon no less than 30 days advance written notice. Upon termination, immediately discontinue your use of the Service and destroy all materials obtained from the Service. Payment obligations, as agreed to by You in writing, in advance of termination, may survive termination. In the event You terminate a contract early, DAT reserves the right to charge back multiple month term contract sign-up discounts received.
22. ADDITIONAL TERMS.
Certain features, programs, products or services may contain separate terms and conditions, which are in addition to these DAT Terms & Conditions. In the event of conflicting provisions, the additional terms and conditions will govern.
23. MISCELLANEOUS PROVISIONS.
You accept that DAT has the right to change the content or technical specifications of any aspect of the Service at any time, at its sole discretion.
These Terms & Conditions and any updates hereto represent the entire agreement between You and DAT with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of Delaware. The waiver or failure of DAT to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms & Conditions. In the event DAT 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. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.
24. CONTACTING US.
If You wish to report a concern regarding these Terms & Conditions, have any questions or need assistance, please contact DAT via email at contractadministration@dat.com, or by telephone at 800-547-5417.
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