Agreement to Terms
By accessing or using any website or page which links to these Terms (“Website”), you agree to be bound by
the Terms and to comply with applicable laws. FreightSphere also offers Software-as-a-Service and
other products pursuant to a separate manually or digitally-executed agreement.
The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs,
documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, Web Services Application Program
Interface information ("APIs"), and other tools (collectively the "Materials").
f you do not agree to these Terms, do not use the Website or any Materials contained therein.
You may be asked to input information to access certain areas of the Website, download certain Materials, register for events, or create an
account. You agree to provide accurate and up-to-date information. Information you provide to FreightSphere during any input process, as well as all
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be
solely responsible to FreightSphere for all activities that occur under your account. You agree to notify FreightSphere immediately of any unauthorized use
of, or other security breach related to, your account.
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as
expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by FreightSphere or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make
derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the
Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at FreightSphere's
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to,
software code, articles, feedback, or suggestions ("Submission"). You agree that you own all rights in and to any Submission, or that you have
obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use
You give FreightSphere, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. FreightSphere is under no
obligation to post or use any Submission, and FreightSphere may remove any Submission at any time in its sole discretion.
FreightSphere is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply
FreightSphere's endorsement of the website and is provided only as a convenience.
DISCLAIMER OF WARRANTY
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS", WITH NO
WARRANTIES OR GUARANTEES WHATSOEVER. FREIGHTSPHERE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND
INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FREIGHTSPHERE MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR
ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO
YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL FREIGHTSPHERE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS,
OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF
LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF
FREIGHTSPHERE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO
ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and constitute the entire legal agreement between you and FreightSphere relating thereto. Additional or
different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict,
such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. FreightSphere
reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these
Terms by implication or estoppel or otherwise. FreightSphere may update these Terms from time to time. FreightSphere will change the Last Updated date
at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. FreightSphere’s failure to enforce any legal right
or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or
remedies will still be available to FreightSphere. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining
provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be
governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the
courts of Alameda County, California. You acknowledge that FreightSphere may apply for injunctive remedies in any jurisdiction. There are no third
party beneficiary rights under these Terms.
© 2017 FreightSphere, Inc. All rights reserved. FreightSphere and the FreightSphere logo are trademarks of FreightSphere, Inc, registered in the United States and
elsewhere. All other brand and product names are trademarks or registered trademarks of their respective holders.
Last Updated: April 30, 2018