Last Updated: January 1st 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM. BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT USE OUR PLATFORM.
If you are a Registered User, then we will treat anyone who uses your username and password as “you”. We will provide this user with all of the rights that we provide to you, and we will hold you responsible for the activities of anyone using your username and password. We recommend that you keep your username and password in strict confidence, and that you do not share this information with anyone who might “pretend” to be you with respect to the use of our Platform. Please notify us immediately if you suspect that someone is using your username and/or password inappropriately. Without limiting the foregoing, if you enable any person to use your user name and password, you shall be liable for all activity made by that person.
As part of the website, we may offer our customers and contracted carriers access to our proprietary shipper and carrier portals (also known as the “ARRIVEnow Portal”). The ARRIVEnow Portal is a tool that may afford Registered Users the ability to view and monitor, in real time, certain information pertaining to their accounts, loads, shipments and purchase orders with Arrive Logistics. For example, the ARRIVEnow Portal may offer certain registered Arrive Logistics customers the ability to track their load status in real time, post loads into the system as a means of initiating a potential order for shipment, send inquiries to Arrive Logistics about their accounts and transactions, and view account status information. Similarly, the ARRIVEnow Portal may offer certain registered carriers the ability to view loads assigned to them, bid on available loads that need to be assigned, post trucks and other vehicles that are available to ship unassigned loads, and view account status information. To access the ARRIVEnow Portal, you must be a Registered User and meet any other applicable requirements as required by Arrive Logistics from time to time.
You hereby grant Arrive Logistics, its employees, officers, directors and all other persons or entities involved in the operation of Arrive Logistics, the right to access, transmit, receive, monitor, retrieve, store, maintain, share and use your information and/or profile in the ARRIVEnow Portal for the purpose of providing services and operating the ARRIVEnow Portal.
For the avoidance of doubt, all bids, postings and offers made by Registered Users are merely offers that must be accepted by or through Arrive Logistics. In no event shall Arrive Logistics be liable to a Registered User in the absence of a written confirmation from Arrive Logistics concerning the subject matter of the bid, posting and/or offer, and then only to the extent set forth in such written confirmation.
You agree and acknowledge that you will not bid, post, offer, or tender any freight or commodity that is restricted or prohibited, including but not limited to the following:
The information, software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, and all other intellectual property embodied in the Platform (collectively, the “Platform Content“) are the property of Arrive Logistics and its licensors and protected by copyright and other intellectual property laws, or used under the principles of fair use. We and our licensors retain all rights with respect to the Platform and the Platform Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Platform unless specifically authorized in writing by Arrive Logistics. The term Platform Content expressly excludes Submitted Content.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use all publicly available and, if expressly authorized, password-protected areas, of our Platform and Platform Content in order to: (i) learn more about Arrive Logistics and the services and products that we offer; (ii) provide Submitted Content to us through the Platform; (iii) participate in and receive those Services that we make available to you; (iv) download and print pages from our Platform; and (v) access other information that we make available through our Platform (collectively, the “Permitted Uses“). You agree that: (a) the Platform and Platform Content are made available solely for your personal use; (b) the Permitted Uses are solely for personal use; and (c) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.
By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:
The Platform may contain links to third party websites (each, a “Linked Site“). Linked Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. Arrive Logistics does not own these Linked Sites and does not assume any responsibility or liability for any content, opinions, or material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide via the Linked Sites. Arrive Logistics does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree that such use is at your own risk.
Arrive Logistics is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online or offline. If you have a dispute with another user, then you release Arrive Logistics (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
ARRIVE LOGISTICS DOES NOT PROMISE THAT THE PLATFORM OR PLATFORM CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. ARRIVE LOGISTICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
ARRIVE LOGISTICS DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND PLATFORM CONTENT IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ARRIVE LOGISTICS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR PLATFORM CONTENT.
Arrive Logistics respects the intellectual property rights of others and requires that its users do the same. If you believe that any content (including Submitted Content and Platform Content) on our Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as follows:
DM Trans, LLC d/b/a Arrive Logistics
7701 Metropolis Drive, Building 15, Austin, TX 78744
Attn: Legal Department
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy“). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and any other interim measures that we deem appropriate.
From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effective proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.
These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. Arrive Logistics reserves the right to assign its rights and obligations under these Terms without your consent.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 15 (Assignment); and (vi) Section 16 (General).
Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if a portion of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such portion of the Platform if you do not agree with the differing terms and conditions.
Additionally, unless you have a written freight contract with Arrive, our services offered through the ARRIVEnow Portal are also governed by our Freight Services Terms and Conditions located [here], and any cross border services are governed by our Cross Border Freight Services Terms and Conditions located [here].
If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us at email@example.com, or by other means of communication as described on our Platform.
© 2022 DM Trans, LLC d/b/a Arrive Logistics. All Rights Reserved.