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Terms Of Use

These Terms of Use ("Terms") govern the access or use by you, an individual or entity, from within the United States and its territories and possessions of the applications (including mobile applications), websites, content, products, and services (collectively, the “Services”) made available in the United States and its territories and possessions by “PlatoonX”. Please read these terms carefully before accessing and using the services. In these Terms, the words "including" and "include" mean "including, but not limited to." These Service Terms and Conditions (“Terms”) govern You the user’s (“You” or “User”) access and use of the application, website, content and services (collectively, the “Services”) provided by PlatoonX, Inc. (“PlatoonX”, “We”, “Us”, or “Our”). In using the Services, You agree to be bound by the Terms as set forth below. If You do not accept these Terms You may not access or use the Services. PlatoonX and You may also be referred to individually as a “Party” or together as the “Parties.”

You acknowledge and agree that Your use of Services, including but not limited through the website and mobile application (each an “Application”), to obtain or provide transportation services of commodities does not establish PlatoonX as a provider of such transportation services. PlatoonX is acting as a non-asset, logistic broker in arranging for transportation services of commodities, and is not and shall not be considered a transportation carrier as defined by the Federal Motor Carrier Safety Administration.

Services

In order to access the Services either through the website or mobile Application, you need to register for an account. PlatoonX provides shippers who are registered through the website access to a marketplace of carriers. Through the website and mobile Application, a shipper can track their shipments from pick-up to drop off and retrieve reporting and analytics to more efficiently move freight. Carriers through the website or mobile Application can view available shipments, receive upfront rate details and book shipments. ​

License to Use the Services

License. Subject to these Terms, PlatoonX grants You a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and use the Services through the Applications solely for internal uses as it relates to Your company’s shipping operations. PlatoonX reserves all rights not expressly granted in these Terms.

License Restrictions. You shall not, and shall not permit any third party, to: (i) use or access the Service except as expressly permitted in these Terms; (ii) remove any copyright, trademark or other proprietary notices from any portion of the Services; (iii) decompile, disassemble, or reverse engineer the Services (unless this restriction is not permitted under applicable law); (iii) modify or create any derivative work of any part of the Services; (iv) market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services, including the Applications and any related systems.

Third Party Content. You agree that PlatoonX is not responsible or liable for, nor does PlatoonX endorse or guarantee the accuracy, integrity or quality of, any third-party websites or content which may become available or You may access in the course of using the Services. This includes any reliance upon or offense taken or caused by content, advertising, products or services accessed. You alone are responsible for the content of Your postings and any consequences of such postings.

Ownership. PlatoonX shall retain all right, title and interest in and to the Services, including but not limited to the Applications, and any changes, corrections, bug fixes, enhancements, updates and other modifications thereto, and all intellectual property rights therein. Nothing in these Terms confers upon You any right of ownership or interest in the Services, including but not limited to the Applications, or any intellectual -property rights therein.

Your Content

In these Terms “Content” means any information, data, text, messages or other material You display, submit or transmit through an Application or the Services. With respect to Your Content, You grant PlatoonX a non-limited, worldwide, non-exclusive, royalty-free and irrevocable license to use, reproduce, electronically distribute, publish, transmit, display, store, archive, and to modify and aggregate (in anonymized form) such Content.

In addition, drivers will be asked to provide status updates as to the shipment and allow location data to be tracked from their mobile device when using the Services. This data can be collected through text messaging, the use of the mobile application or Our third party location service. For more information please refer to our Location Services Terms.

You agree any Content You provide is Your own and does not infringe on any third party’s rights. PlatoonX reserves the right to remove any of Your Content from the Services at any time, and for any reason, without notice. You agree not to post or submit any Content that is obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any way to PlatoonX, other users, or other third parties.

Collection and use of Your personal information, including location data from your mobile device, in connection with the Services is described in the PlatoonX Privacy Policy.

Communications

By Your use the Services, You agree to receive communications from PlatoonX or one of our service providers, such as phone calls, emails, text messages and push notifications, which may be generated by an automatic telephone dialing system. These communications include, but are not limited to, informational messages regarding the Services, permissions requests, updates to and additional features to the Services or Application and promotional messages.

You understand that Your consent to receive these communications is not a condition of purchasing any property, goods or services. You may opt-out of text message communications at any time by replying STOP. You will receive a final opt-out confirmation text. Message and Data Rates Apply. You may unsubscribe or opt out to email communications by clicking the opt out feature in the email itself and following the prompted instructions.

Disclaimer

The services are provided on an “as is” and “on available basis”. PlatoonX makes no warranties, express, implied, statutory, or otherwise, with respect to the services, or any other accompanying material not provided hereunder. PlatoonX specifically disclaims all other warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and noninfringement, those arising from a course of dealing or usage or trade, and of uninterrupted or error-free service, and all such warranties are hereby excluded to the fullest extent permitted by law. ​

Limitation of Liability

In no event will PlatoonX, nor its officers, directors and employees be liable to you for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to or in connection with the use of the services, regardless of whether platoonX has been advised of the possibility of such damages and regardless of whether such liability sounds in contract, negligence, tort, strict liability, warranty, or otherwise. some jurisdictions restrict or prohibit the limitation of liability and so this provision may not apply to you.

Indemnification

You shall indemnify, defend and hold PlatoonX, its officers, directors, employees, agents, successors and assigns harmless from and against all third-party claims, suits, actions, damages, settlements, losses, liability, costs (including without limitation reasonable attorney’s fees) and expenses arising out of or in connection with (i) Your use of the Services or any accompanying material, including but not limited to any actions or omission taken by You in reliance on any information contained in the Services or any third party content accessed through the Services, (ii) any claims, suits or actions by a third related to or arising out of Your use of the Services; or (iii) Your violation or breach of these Terms. ​

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to its conflicts of law rules. Each of the Parties to these Terms consents to the exclusive jurisdiction and venue of the state and federal courts located in California.

Modifications to Services

PlatoonX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PlatoonX shall not be liable to You or any third party for any modification, suspension or discontinuance of the Services. ​

Amendments to Terms

PlatoonX reserves the right, at any time, to modify, amend or update these Terms without notice. Your continued use and access to the Services after such amendment confirms Your consent to be bound by the Terms, as amended. ​

Miscellaneous

These Terms, including any legal notices and disclaimers contained on the Applications, constitute the entire agreement between You and PlatoonX with respect to Your use and access to the Services. You may not assign these Terms without the prior written approval of PlatoonX. PlatoonX may assign these Terms, without notice or consent required. These Terms do not create or imply any partnership, agency, joint venture or formal business entity of any kind. Failure by PlatoonX to enforce a right or provision in these Terms does not constitute a waiver of such right or remedy. If any provision of these Terms is held invalid or unenforceable, such term shall be replaced or stricken, and the remaining provisions of these Terms will remain in full force and effect.

Last updated: October 4, 2018

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