Terms Of Use
HWY LABS, INC.
Last Update: December 18, 2020
1. INTRODUCTION
The following Website Terms of Use (“Website Terms” or “Agreement”) is a legally binding agreement between Hwy Labs, Inc. d/b/a Hwy Haul (“Hwy Haul,” “we,” “our” or “us”) and the users (“User,” “you,” “your,” “Shipper,” or “Carrier”) of our Platform.
Our “Platform” consists of our website located at www.hwyhaul.ai (the “Website”) and our mobile applications (“App”) made available on Google Playstore or Apple Appstore. In addition to access to our Platform we also provide a range of related services (“Services”) to our Users. These Website Terms govern your access to and use of Hwy Haul’s Platform and Services and constitute a legal agreement between you and us.
Capitalized terms not defined herein shall have the same meaning ascribed to them either under the Shipper Contract, the Carrier Contract or the Privacy Policy.
Any User can only use the Platform and the Services when they read and accept the applicable Shipper Contract and the Carrier Contract and the Privacy Policy in addition to reading and accepting these Website Terms.
PLEASE CLICK ON THE ABOVE LINKS TO UNDERSTAND THE ENTIRE RANGE OF YOUR RIGHTS AND RESPONSIBILITIES UNDER THIS AGREEMENT AND OTHERWISE.
IF YOU DO NOT AGREE WITH THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT REGISTER OR USE OUR WEBSITE OR THE SERVICES THEREUNDER. IF YOU USE THE SERVICES OFFERED HEREWITH, YOU ARE BOUND BY THESE WEBSITE TERMS.
PLEASE NOTE THAT THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. REGISTRATION
In order to use our Platform and Services, you will be required to register with us. Once you visit our Website, register with us (i.e., review these User Terms and any related documents and provide us with required registration details), you will require our approval to create an Account on our Platform.
Once you receive the approval from us, you must set up an account with us before you can use our Platform and Services. Please click here to register. Unless you register, you may not use our Platform or Services.
In addition to setting up an account, if you are a Shipper, you will have to click through, read and agree to the Shipper Contract. Do not use our Platform if you do not agree to the terms and conditions of the Shipper Contract. If you use the Platform as a Shipper, you are bound by the terms and conditions of the Shipper Contract.
In addition to setting up an account, if you are a Carrier, you will have to click through, read and agree to the Carrier Contract. Do not use our Platform if you do not agree to the terms and conditions of the Carrier Contract. If you use the Platform as a Carrier, you are bound by the terms and conditions of the Carrier Contract.
3. TERRITORIAL RESTRICTIONS
Use of the Hwy Haul Platform and Services is currently restricted to the United States of America, Canada, and Mexico (the “Registered Territory”). Please do not access and use our Platform or Services if you reside in the European Union or outside the Registered Territory as our Platform and Services are not available for access and use in the European Union. We will inform you via email if we decide to offer our Platform and Services in the European Union.
4. OUR PRIVACY POLICY
Our Privacy Policy describes how we handle the information you provide to us when you use our Platform and Services. You understand that through your use of the Platform and Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by Hwy Haul and its affiliates.
5. PURPOSE OF THE WEBSITE
Before you use or access our Website you must read and agree to these Website Terms. By accessing, using, or downloading materials from the Website you agree to follow and be bound by these Website Terms. All rights, title, and interest not expressly granted are reserved.
6. PURPOSE AND USE OF THE PLATFORM
Hwy Haul helps to connect “Carriers” (as defined under the Carrier Contract) and “Shippers” (as defined under the Shippers Contract) for the purpose of shipping cargo throughout North America by providing access to the Platform whereby Carriers post details of requests for shipping and get matched with Shippers submit. Hwy Haul may also offer fleet management systems to Users that allow small trucking companies to manage their drivers, equipment, dispatching loads and managing invoices online.
As mentioned under Section 1 of these Website Terms, a “User” means any user of the Platform and the Services and may be a Carrier or a Shipper.
i. For Carriers
To the extent you are a Carrier, the provisions in this Agreement regarding Carriers and the separate Online Carrier Contract apply to you. You must click through, read and agree to the Online Carrier Contract before you will be able to complete your registration and use our Platform as a Carrier.
ii. For Shippers
To the extent you are a Shipper, the provisions in this Agreement regarding Shippers and the separate Online Shipper Contract both apply to you. You must click through, read and agree to the Online Shipper Contract before you will be able to complete your registration and use our Platform as a Shipper.
iii. For Users
To the extent you are a User, the provisions in this Agreement regarding Users apply to you.
FOR THE AVOIDANCE OF DOUBT, HWY HAUL PROVIDES THE PLATFORM FOR LOAD POSTING AND ACCEPTING CARRYING REQUIREMENTS AS A BROKER AND NOT AS A CARRIER AND DOES NOT GUARANTEE THE SERVICE PROVIDED BY A CARRIER. HWY HAUL IS NOT ACTING AS A CARRIER IN CONNECTION WITH ITS PLATFORM.
7. LICENSE TO USE THE PLATFORM
Subject to the terms of this Agreement, Hwy Haul grants you a non-transferable, nonexclusive right to use the Platform and the Services for your business use during the term of this Agreement. You may not permit any other person or entity to use your account for the Platform.
Subject to the terms of this Agreement, Hwy Haul grants you a nontransferable, non-exclusive right to install and use the App, in executable object code format only, solely on your own handheld mobile device and for your business use during the term of this Agreement. You may not permit any other person or entity to use your account for the Mobile App.
8. RESTRICTIONS
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service, website, or Mobile App; and (d) except as expressly stated herein, no part of the Website and/or App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Platform content must be retained on all copies thereof.
9. SHIPPER CONTRACT
The Shipper Contract is an agreement that is executed between you as the “Shipper,” and Hwy Haul as a broker (the “Broker”). The Online Shipper Contract sets forth the legal rules and responsibilities of the Shipper and the Broker to memorialize the Hwy Haul Platform and Services.
PLEASE CLICK ON THE LINKS TO KNOW MORE ABOUT YOUR RIGHTS AND RESPONSIBILITIES AS A SHIPPER. YOU MUST CLICK THROUGH, READ AND AGREE TO THE ONLINE SHIPPER CONTRACT BEFORE COMPLETING YOUR REGISTRATIONS AS A SHIPPER.
10. CARRIER CONTRACT
The Carrier Contract is an agreement that is executed between you as the “Carrier,” and Hwy Haul as the Broker. This agreement sets forth the rules and responsibilities of a Carrier and Broker as per the requirement of the Hwy Haul Platform and Services.
PLEASE CLICK ON THE LINKS TO KNOW MORE ABOUT YOUR RIGHTS AND RESPONSIBILITIES AS A CARRIER. YOU MUST CLICK THROUGH, READ AND AGREE TO THE ONLINE CARRIER CONTRACT BEFORE COMPLETING YOUR REGISTRATIONS AS A CARRIER.
11. SAAS AGREEMENT
Under the SAAS Agreement, Hwy Haul will provide a Customer and its authorized users (the Customer’s Shippers and Carriers) access to and use of Hwy Haul’s next generation digital freight Platform and transportation brokerage Services. This agreement sets forth the rules and responsibilities of the Customer and its authorized users.
PLEASE CLICK ON THE LINKS TO KNOW MORE ABOUT YOUR RIGHTS AND RESPONSIBILITIES AS A CUSTOMER. YOU MUST CLICK THROUGH, READ AND AGREE TO THE ONLINE SAAS AGREEMENT BEFORE COMPLETING YOUR REGISTRATIONS AS A CUSTOMER.
12. PAYMENT TERMS
By providing a credit card or other payment method accepted by Hwy Haul and its third-party payment processor, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
Please note that Hwy Haul does not store any credit card, or other such related financial information collected from its Users. However, the third-party payment processor used by Hwy Haul may collect and store such information. Therefore, please ensure that you review the terms and conditions of our third-party payment processor to understand your rights and responsibilities.
If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
In the event you want to change, or update payment information associated with your Hwy Haul account, you can do so at any time by logging into your account and editing your payment information. All Services offered on our Website and/or App are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Platform without prior notice. Prices for the Services are subject to change at any time, but changes will not affect any order for Services you have already placed.
13. USER CONTENT AND CREATION OF ANONYMOUS DATA
“User Content” means any and all information, data, and other content that a User submits to, or uses with, the Platform or the Services. User Content includes the information provided in a shipment request or acceptance. You are solely responsible for your User Content.
You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as detailed under Section 12).
You agree not to submit third party content unless you have the consent of the applicable third-party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Hwy Haul.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
We may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information that makes the data identifiable to you. We may use and disclose Anonymous Data for any purpose, including improving the Platform and the Services.
14. FEEDBACK
If you provide Hwy Haul any feedback, suggestions, bug reports, system errors, and other information or ideas regarding the Platform or Services (“Feedback”), you hereby assign to Hwy Haul all rights in the Feedback and agree that Hwy Haul shall have the right to use such Feedback and related information in any manner it deems appropriate. Hwy Haul will treat any Feedback you provide as non-confidential and non-proprietary.
You agree that you will not submit to Hwy Haul any information or ideas that you consider to be confidential or proprietary. If you agree to participate in any case studies, you agree that information you provide in connection with the case study is deemed Feedback and that Hwy Haul may use your name in connection with such Feedback.
15. ACCEPTABLE USE POLICY
The following details Hwy Haul’s “Acceptable Use Policy.”
You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content: (a) that violates any third-party right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable; or (c) in violation of any law, regulation, or third-party obligations.
In addition, you agree not to use the Platform to: (a) upload, transmit, or distribute viruses or harmful software; (b) send spam or unauthorized advertising; (c) harvest information about other users without consent; (d) disrupt networks connected to the Platform; (e) attempt unauthorized access; (f) harass or interfere with another user; or (g) introduce automated agents or scripts to scrape or mine data.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action if you violate this policy or any other provision of this Agreement.
16. LINK TO THIRD-PARTY WEBSITES
This Website may contain hyperlinks to websites controlled by parties other than Hwy Haul. Hwy Haul is not responsible for and does not endorse or accept any responsibility over the content or use of these third-party websites. Do not open an account with such third parties unless you have read, understood and agree with their terms and privacy policy.
17. COPYRIGHT INFRINGEMENT AND DMCA NOTICE
If you believe that any content on our Website or Platform violates your copyright and wish to have the allegedly infringing material removed, you must provide a written notification pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material you claim is infringing and request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement of good faith belief that use is not authorized;
- A statement that information is accurate and you are the owner or authorized to act on behalf of the owner.
The mailing address for the Designated Copyright Agent to receive DMCA Takedown Notices is: Mr. Syed Aman, Hwy Labs, Inc., Attn: DMCA Notice, 2635 N First St, Suite 236,San Jose, CA 95134 USA. You may also email our Designated Copyright Agent at info@hwyhaul.ai.
18. TERMS AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Service. Hwy Haul may terminate this Agreement in its sole discretion if you breach this Agreement, if required by law, if the Service is discontinued, or for poor performance as a Shipper or Carrier.
Upon termination, your account and right to access and use the Platform will terminate immediately. Hwy Haul will not have any liability to you for termination or deletion of User Content. EVEN AFTER TERMINATION, provisions regarding indemnity, confidentiality, disclaimers and release, limitations of liability, and dispute resolution shall continue to bind Shippers and Carriers.
19. MODIFICATIONS
Hwy Haul may change or modify these Website Terms at any time. Modifications become binding upon your acceptance. We will inform you via email or comparable means within 15 days of such modification and post the modified version on this page. Continued use constitutes consent to changes.
20. INDEMNITY
You agree to defend, indemnify and hold Hwy Haul (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand due to or arising out of your use of the Services, your User Content, interaction with other Users, violation of this Agreement, violation of laws, or shipment contents/services. Hwy Haul may assume exclusive defense of any matter you must indemnify and you agree to cooperate.
21. ANTI-BRIBERY REPRESENTATIONS AND WARRANTIES
Hwy Haul and its Representatives are in compliance with all applicable anti-bribery and anti-corruption laws, including the US Foreign Corrupt Practices Act and Canadian Corruption of Public Officials Act.
22. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICE AND USE OF THE PLATFORM IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, OR RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS; IF THEY APPLY, SOME DISCLAIMERS MAY NOT APPLY TO YOU.
23. APPLICABLE DISCLAIMERS AND RELEASES
Hwy Haul offers the Platform to connect Shippers and Carriers but does not intend to act as a carrier, courier, freight forwarder, shipping provider or broker in connection with shipping services performed by third parties. Users use the Service at their own risk and interactions with other Users and third parties are solely between the parties involved.
YOU HEREBY WAIVE AND RELEASE HWY HAUL (AND ITS SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM ALL CLAIMS OF EVERY KIND ARISING FROM YOUR USE OF THE SERVICE OR INTERACTIONS WITH USERS OR THIRD PARTIES.
24. GOVERNING LAW, ARBITRATION AND JURISDICTION
All matters relating to your access to or use of this Website will be governed by U.S. federal law or the laws of the State of California. Any dispute arising out of or relating to these Website Terms will be determined by arbitration in the State of California before one arbitrator administered by the American Arbitration Association (“AAA”). Arbitration is on an individual basis and the parties waive class action participation.
25. SEVERABILITY
If any provision is found contrary to law, it will be modified to accomplish objectives to the greatest extent possible and remaining provisions continue in full force and effect.
26. RELATIONSHIP OF PARTIES
The parties are independent contractors. Nothing creates a partnership, joint venture, shareholder, employer/employee, or agent/servant relationship. The User has no authority to bind Hwy Haul.
27. CONTACTING HWY HAUL
If you have any questions about these Website Terms or related terms (Online Shipper Contract or Online Carrier Contract), please contact us at info@hwyhaul.ai.
PLEASE NOTE THAT BY USING THE HWY HAUL WEBSITE, APP AND/OR SERVICES EITHER AS A SHIPPER, A CARRIER, OR A USER YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS, PLEASE DO NOT USE OUR WEBSITE, THE APP, THE SERVICES, AND EXIT THIS PAGE IMMEDIATELY.
28. ASSIGNMENT
These Website Terms are only for your benefit. You may not assign these Website Terms or any benefits or obligations to any other party. Any attempted assignment is void and may lead to termination of your account.
29. ORDER OF PRECEDENCE
To the extent there is an inconsistency between these Website Terms and the terms contained in the Shipper Contract or the Carrier Contract, the Shipper Contract and the Carrier Contract will take precedence over these Website Terms.
CONTRACT LINKS
Shipper Contract
www.hwyhaul.ai/shipper-broker-contract
Carrier Contract
2635 N First St, Suite 236,
San Jose, CA 95134 USA