Last updated: July 22, 2022
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using our Sites at any time.
II. Your Account – If You Become our Customer or Service Provider
To become a customer or service provider for us (including a motor carrier), you must be at least 18 years old, or the age of majority in your state, whichever is older. If you become our customer or service provider, we may require you to create an account with a password chosen by you in order for you to make purchases or use certain features on or through our Sites. To create an account, you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including purchases, that occur using your account. If you believe that your account has been compromised at any time, please contact us at firstname.lastname@example.org.
III. Your Use of our Sites
Using our Sites does not give you ownership of any intellectual property rights to the content that you access. You may not use content from our Sites unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law.
IV. Information You Submit
If you submit any information to us, that information will be treated as non-confidential and non-proprietary. You grant Flock Freight, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use that information. This license continues even if you stop using our Sites.
Nevertheless, please note that Flock Freight does not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to our Sites or to any of our existing services, or marketing ideas – from anyone outside of our company. We may already be work
V. Trademarks and Copyrights
All trademarks, logos, and service marks displayed on our Sites are registered and unregistered trademarks of Flock Freight and/or of third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Sites are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
VI. Your Use of Social Networks
VII. Our Warranties and Disclaimers
We provide our Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
We attempt to verify that information on the Sites is complete, accurate, and current. Despite our efforts, though, we make no representation as to the completeness or accuracy of any information on the Sites, or about whether such information is current.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
VIII. Indemnification and Limitation of Liability
EXCEPT WHERE PROHIBITED, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF ANY OF OUR SITES OR ANY THIRD PARTY’S USE OF OUR SITES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF FLOCK FREIGHT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF FLOCK FREIGHT ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITES EXCEED THE AMOUNT YOU HAVE PAID TO FLOCK FREIGHT IN THE PRECEDING TWELVE (12) MONTHS.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and Flock Freight agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
X. Additional Details
Certain features on our Sites may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.
Our Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, our Sites may contain ads from third parties. We do not control or endorse any products being advertised.
When you use any of our Sites or send communications to us through our Sites, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of our Sites. You agree that all agreements, notices, disclosures, and other communications that Flock Freight provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from Flock Freight to you will be deemed delivered and effective when sent to the e-mail address you provide to us (if you do provide your email address to us).