The following terms and conditions (“Terms”) govern your use of the DM Trans, LLC dba Arrive Logistics (“Arrive”) program established for the purpose of matching and connecting private trucking fleets potentially interested in onboarding motor truck owner/operators (“Private Fleets”) with motor truck owner/operators (“Owner/Operators”) potentially interested in joining Private Fleets (the “Program”), but excludes any websites, applications, content, products, or services that indicate they are subject to separate terms and conditions. By accessing, viewing, or using the content, material, or services available on or through this Program, You (as defined below) indicate that You have read and understand the Terms herein, and that You agree to them and intend to be legally bound by them. “You” refers to any participant using the Program, whether as an Owner/Operator or Private Fleet. If You use the Program on behalf of a corporation, LLC, partnership, sole proprietorship or other business entity, then “You” shall be defined to include that business entity and any individuals associated therewith using our Program, and said use means such business also accepts these Terms. If You do not agree to these Terms, You are not granted permission to use this Program.
CONSENT TO SHARE INFORMATION.
In order to effectively operate the Program, You will be required to provide certain information, including publicly available data about Your company, such as DOT profile information, as well as certain data You have provided Arrive about Your operations (“Information”). For the sake of clarity, Arrive is not requesting, and You shall not provide, any Information that could be deemed personally identifiable information; all information collected and distributed under the Program is intended to be associated solely with Your company and its business operations. Any acceptance, use, distribution or disclosure by Arrive of personally identifiable information provided by You contrary to these Terms is purely inadvertent and Arrive shall have no responsibility or liability under state and/or federal privacy laws for such acceptance, use distribution or disclosure of such information By subscribing to the Program, You authorize Arrive to include Information about You in the Program and consent to the disclosure of Your Information to Arrive and any parties who are participating in the Program. You agree to provide true, accurate and complete Information, and to update the Information as needed. Arrive shall use the Information solely for the purposes of matching Owner/Operator parties with Private Fleet parties, and as needed to operate, monitor, or otherwise manage the Program.
APPROPRIATE USE.
You certify that (i) Your use of any other party’s Information is solely for use in connection with the Program, not for any other purpose; and (ii) You shall not disclose, reproduce, republish, resell, share, or distribute any non-public Information in any format, in whole or in part, for any purpose, without the consent of the disclosing party. You agree that any violation of this section may result in (1) immediate termination of Your registration and access to the Program, and/or (2) enforcement by Arrive or the disclosing party of any and all other legal remedies available to them under state and/or federal law.
DISCLAIMER AND LIMITATION OF LIABILITY.
Arrive presents the Program as a free service to You. While we strive to be as accurate and timely as possible, we do not vet any party to the Program and make no warranty or guarantee concerning the accuracy, reliability, completeness, or suitability of the Program or any Information received or disclosed therein. Arrive does not recommend or endorse any user of the Program, whether Owner/Operator or Private Fleet, nor does Arrive make safety determinations; You must conduct your own due diligence and make Your own determination as to the safety, authority, suitability, credentials and/or business practices of a potential match, and You are solely responsible for such determination. Arrive provides a neutral venue for Private Fleets and Owner/Operators to connect for the purposes of the Program. Arrive is not involved in any actual transaction between Private Fleets and Owner/Operators. Arrive has no control over, and does not guarantee the quality, safety, or legality of any such transaction, arrangement, or partnership that may take place between users of the Program.
THIS PROGRAM AND ANY INFORMATION DISCLOSED IS 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. YOU ALSO ACKNOWLEDGE THAT ARRIVE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT OCCURS AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM OR AS A RESULT OF ANY ARRANGEMENT OR TRANSACTION YOU ENTER INTO WITH ANY OTHER USER OF THE PROGRAM. FURTHERMORE, YOU ACKNOWLEDGE THAT ARRIVE IS NOT RESPONSIBLE FOR ANY MISUSE OR UNINTENDED DISCLOSURE OF YOUR INFORMATION CONTRARY TO THESE TERMS BY OTHER PARTIES USING THE PROGRAM. ARRIVE MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SERVICE AND THE INFORMATION MADE AVAILABLE THROUGH THIS PROGRAM, 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, AND QUALITY. Arrive 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 data, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this Program, the Information, or the 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. Arrive’s liability is limited to the fullest extent permitted by law.
INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless Arrive, its 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) (“Claims”) relating to or arising from this Program, Your use of this Program (or any derivatives of this Program offered to You), Your fraud, negligence, violation of law, or willful misconduct, any breach by You of these Terms, including, but not limited to, uploading, emailing, posting, publishing, transmitting or submitting any Information related to the Program, or any misrepresentation, breach of warranty or certification made by You, or any allegation that Arrive is responsible for or contributed to any Claim in connection with this Program.
MISCELLANEOUS PROVISIONS.
These Terms and any updates hereto represent the entire agreement between You and Arrive 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 Texas. The waiver or failure of Arrive 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. In the event Arrive 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 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 remain in full force and effect.
