Terms and Conditions
Last updated January 22,2020
Welcome to the Terms and Conditions (“Terms”) for all Websites, including, but not limited www.CarrierSoftware.com, Motor-Carrier-Leads.com, Check-Fleet.net, Check-VIN.net, SMS -Analysis.net, MC-Watch.net, and information accessible thereby (“PRODUCTS”) provided by Carrier Software and/or its affiliates (“OUR”, “WE”, “US” or “CARRIER” or “LICENSOR”). These Terms are applicable to and incorporated in every agreement between CARRIER and each of its CUSTOMERs (“YOU”, “YOUR” or “CUSTOMER” or “LICENSEE”) and govern rights and obligations of CARRIER and CUSTOMER. Please read these Terms carefully.
By accessing PRODUCTS from CARRIER, YOU acknowledge that YOU have read and agree to be bound by these Terms and any materials referenced or incorporated herein and to receiving PRODUCT-related information from CARRIER. YOU agree that YOU will not share YOUR login information with others. YOU also agree that YOU will not resell this site or its contents, use data mining robots, or similar data gathering and extraction tools; any portion of this website may not be reproduced, duplicated, copied, sold, re-sold, visited or otherwise exploited for any commercial purpose without the express written consent of CARRIER. YOU may not frame or use framing techniques to enclose any trademark (including, but not limited to Carrier Software, Vehicle Underwriting (VU), Insure-VU, Alert-VU, VIN-VU, Book-VU, DOT-Leads, Motor-Carrier-Leads, Check-Fleet, Check-VIN, Safety-VU, CSA-VU, Fleet Safety Management, CSA-Safety, MC-Watch, Motor Carrier Data Specialists), logo or other proprietary information of CARRIER, use any meta tags or any other “hidden text” using CARRIER’s name without express written consent of CARRIER.
Conditions: WE reserve the right to accept or refuse any prospective CUSTOMER at OUR discretion. YOU may not transfer or assign YOUR agreement to access PRODUCTS from CARRIER. When YOU use OUR PRODUCTS, YOU are responsible for maintaining the confidentiality of YOUR account and password, as well as restricting access to YOUR computer system. YOU agree to limit use of CARRIER information and services to the number of users for which YOU are authorized, and to identify those authorized users to CARRIER on request. CUSTOMER’s use of the PRODUCTS is for CUSTOMER’s own use only and not for use by or on behalf of any third party.
Term Changes: From time to time, CARRIER may choose at OUR sole discretion to change the Terms governing YOUR use of CARRIER’s PRODUCTS. YOU will be notified of any modifications of Terms via either an email notification or a “clickable” Terms acceptance window that will open whenever Terms have been modified. After Terms are modified, YOUR first access a PRODUCT controlled by the modified Terms will present YOU with a “clickable” Terms acceptance window. Only click the acceptance or acknowledgement button in this Terms window if YOU agree to be bound by the modified Terms displayed in this Terms window.
Promotional Offers: CARRIER sometimes offer certain customers various trials, discounts or other promotions, which are subject to these Terms except as otherwise stated in the promotional materials. WE may also choose to omit or limit any CARRIER PRODUCTS from Promotional Offers.
Fees, Renewals, and Cancellations: CARRIER’s fees depend on which PRODUCT or PRODUCTS YOU purchase. All “discounts” are offered on a month-to-month basis and do not automatically carry forward to any subsequent months. CARRIER reserves the right to change “discounts” at any time for any reason.
Automatic Membership Renewal: When YOU sign up for CARRIER PRODUCTS on a basis requiring monthly payments, YOUR agreement with CARRIER will automatically renew each month. All automatic PRODUCT renewals are processed on the first day of each month, or shortly thereafter.
Canceling a CARRIER PRODUCT Membership: Unless YOU provide CARRIER written notice thirty (30) days before each renewal that YOU want to cancel or do not want to auto renew, YOU understand YOUR agreement with CARRIER will automatically renew and YOU agree to pay and authorize us (without notice to YOU) to collect the then-applicable monthly fee charged for the same PRODUCTS during the prior month, using either any credit card we have on record or any alternate payment arrangement made between the parties. YOUR written cancellation notice must specify the PRODUCTS being cancelled, a reason for the cancellation, and the effective date of YOUR cancellation. In the event YOUR cancellation is in whole or in part due to any aspect of CARRIER’s PRODUCTS, you must give CARRIER an opportunity to remedy the situation prior to your cancellation. If CARRIER cannot resolve YOUR issue within a thirty (30) day period, YOUR cancellation notice will be accepted and YOU will be released from any further obligations to CARRIER effective on the 1st day of the month after YOUR thirty(30) day cancellation notice period.
Termination by CARRIER: CARRIER may terminate YOUR use of PRODUCTS at OUR discretion without notice. If we do so, we will give YOU a prorated refund based on the number of days remaining in YOUR current prepaid order. However, we will not give any refund for termination related to conduct that WE determine, in OUR discretion, violates these Terms or any applicable law, involves fraud or misuse of the CARRIER PRODUCTS, or is harmful to OUR interests or those of another user. OUR failure to insist upon or enforce YOUR strict compliance with these Terms will not constitute a waiver of any of OUR rights.
Agreement Changes: WE may change or amend these TERMS, or any Material referenced or incorporated herein, and OUR method and means of conducting business at any time. YOU will be given written notice of any such change or amendment. By continuing to use the PRODUCTS three days thereafter, YOU agree to be bound by any such changes or amendments. If YOU do not agree with such changes or amendments, YOU should exercise YOUR right to terminate YOUR agreement with CARRIER.
Applicable Law: YOUR agreement with CARRIER shall be interpreted and enforced in accordance with the laws of the State of Delaware. Other than where injunctive relief is sought, CARRIER shall have the option to litigate disputes or to elect to resolve disputes through binding arbitration under the rules of the American Arbitration Association. Jurisdiction for all dispute resolution and collection of monies shall be Delaware.
Intellectual Property and Confidentiality: Any information which comes into YOUR possession with respect to how CARRIER has designed, modified or built its PRODUCTS, how it operates its business, services its users, its accounting and billing procedures, its technology, software, hardware, intellectual properties, patents pending, and all related business information will be treated by YOU as confidential trade secrets and YOU shall keep such information confidential both during the term of YOUR business with CARRIER and after its termination. CARRIER shall be entitled to injunctive relief to enforce the terms of this paragraph. All content that appears on OUR websites, such as text, graphics, logos, images, digital downloads, button icons, audio clips, data compilations and software is the exclusive property of CARRIER or its content suppliers and is protected by the United States and international copyright laws. YOU agree that upon termination of YOUR agreement with CARRIER, YOU will cease all use of information obtained from CARRIER and will take all necessary steps to assure that YOUR agents and employees also cease all use of such information.
Disclaimer of Warranties; Limitations on Liability: To the maximum extent permitted by applicable law, ALL CARRIER PRODUCTS ARE PROVIDED TO YOU “AS IS”AND “AS AVAILABLE” with all faults and with nowarranties of any kind or responsibility either express or implied including (without limitation) any warranty of title, non-infringement, non-interference, merchantability, or fitness for particular purposeUNDER THE LAWS OF ANY JURISDICTION, AND with no WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS OR RESULTS TO BE DERIVED FROM THE LICENSOR PRODUCTS, AND EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, LICENSEE use of the PRODUCTS is entirely at LICENSEE’S OWN risk.
CARRIER IS SOURCING AND RELYING SOLELY UPON DATA AND ALGORITHMS PROVIDED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA) AND OTHER FEDERAL AND STATE AGNECIES. DATA PROVIDED BY CARRIER IS DIRECTLY FROM AND/OR DERIVED BASED ON SUMS, AVERAGES, RATES, PERCENTAGES, AND ALGORITHMS EITHER PROVIDED BY GOVERNMENTAGENCIES OR COMMONLY KNOWN IN THE FIELD OF MATHEMATICS. IN PARTICULAR, INSPECTION SELECTION SYSTEM SCORES (ISS SCORES) ARE A PROPRIETARY ESTIMATION OF THE ACTUAL ISS SCORES, BECAUSE SOME OF THE DATA REQUIRED FOR ACCURATE CALCULATION OF ISS SCORES ARE CONFIDENTIAL TO EACH MOTOR CARRIER AND THUS NOT AVAILABLE TO US. THE INFORMATION PROVIDED TO YOU VIA PRODUCTS WILL BE UPDATED REGULARALY, AND YOU HEREBY ACKNOWLEDGE THATUPDATE FREQUENCY MAY DIFFER BETWEEN DATA ELEMENTS AND/OR PRODUCTS. CARRIER ASSUMES NO LIABILITY AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE MATERIALS, PRODUCTS, OR SERVICES ARE ACCURATE.
YOU EXPRESSLY AGREE THAT CARRIER SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF CARRIER PRODUCTS WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL CARRIER’S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO CARRIER OVER THE PREVIOUS TWO MONTHS FOR THE SPECIFIC CARRIER PRODUCTS AT ISSUE UNDER THIS AGREEMENT.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the services or the attempted use thereof or any transactions or action between CARRIER and CUSTOMER, whether for breach of contract, tortuous behavior, negligence (whether of CARRIER or otherwise), or under any other cause of action.
If YOU become entitled to any recovery, YOU agree that YOUR recovery shall be limited to the amount of fees and expenses actually paid by YOU to CARRIER for PRODUCTS within the two months preceding the event or action giving rise to liability, or $500.00, which ever amount is less.
Indemnification: CUSTOMER indemnifies CARRIER and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any Loss by reason of, in any way relating to, or arising out of:
(a) Any breach of this Agreement by CUSTOMER, (b) any violation by CUSTOMER of any law, rule, or regulation; (b) any claim or dispute which may arise involving CUSTOMER (including, without limitation, any claim arising from or relating to transactions by CUSTOMERS; (c) any information supplied by or through CUSTOMER or any transactions with CUSTOMER; (d) CUSTOMER’s violation of the Terms and Conditions provided herein.
Questions: If YOU have any questions about CARRIER’s Terms and Conditions, please contact CARRIER at 1.800.646.5152 or info@CarrierSoftware.com.