April 2, 2016 (Revised August 3, 2017)
Welcome to loadradar.com, website located at www.loadradar.com (the “Site“), developed by Next Gauge, Inc . (“loadradar” “we” or “us“). Please read these Terms of Service (the “Terms“) carefully because they govern your use of our Site, our driver communication platform accessible via our Site and our mobile device application, CDL Warrior , (“App“). The Site, our platform and services and App are collectively called the “Services.”
Agreement to Terms
By accessing the Services you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The data and materials contained within these Service are protected by applicable copyright and trade mark law.
If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Section headings in these terms may refer to “Dispatchers” and “Drivers” separately—in such instances, such sections will apply to you in your capacity as a loadradar shipping or logistics company user (“Dispatcher”) or “Driver,” as applicable.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with loadradar, CDL Warrior and Next Gauge, Inc., and are not barred from using the Services under applicable law. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Acceptable Use of Services
The use of mobile devices while operating motor vehicles is subject to generally applicable laws governing transportation, occupational health and safety, and other rules and regulations, and may result in charges, citations, fines or other legal proceedings. Such use may also expose you to risk of accidents or death. The Services should not be used while operating a vehicle. We do not assume any liability or responsibility under this License or otherwise for any damages, losses or other claims resulting from use of the Services while driving a vehicle.
Mobile Network Charges
loadradar is not responsible for your mobile phone or the mobile network which are each provided by your mobile network provider under your separate contracts with them. Your mobile network provider will charge you for the data services you use to access the Services. loadradar is not responsible for these data services which are provided to you by your mobile network provider. Your mobile network provider may also have a fair use policy which will apply to your use of the Services. You should contact your mobile network provider to find out about these charges and any fair use policy before using the Services. Your mobile network provider may also charge you roaming charges if you access the Services outside of the country in which your mobile device is registered.
Disputes and Release
Because loadradar is not party to any agreements between you and any third parties or involved in the completion of any associated professional services, in the event that you have a dispute with one or more other Drivers, Dispatchers or other third parties, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release loadradar (and our officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us at feedback@NextGauge.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Advertising, Sponsorship and Third-Party Services
The Services may contain, incorporate or integrate with external providers of advertising, sponsorship and other digital media assets. The providers and publishers of such content are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. loadradar will not be responsible to you or any other person for any claim relating to the content of or for any error or inaccuracy in any digital material displayed within or in association with the Services.
The Services may contain links to third-party websites, mobile apps or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
The Services may contain links to third-party mapping, routing and trip planning related resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources. The information contained in these resources may not be applicable for your vehicle type or the vehicle types you are dispatching and therefore you assume all risk arising from using these tools.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you, as an Dispatcher or Driver) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
loadradar does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, loadradar and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Granted by You (User Content)
By making any User Content available through Services, whether by posting reviews, adding trip information or sharing documents or messages, or otherwise, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use, copy, modify, create derivative works based upon, publicly display, publicly perform, promote, publicize, distribute and otherwise exploit your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by loadradar on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove User Content by specifically deleting it on the Site or the App. However, we’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights Granted by loadradar (Content)
Subject to your compliance with these Terms, loadradar grants you a limited, non-exclusive, non-transferable license to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the Content;
- use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on loadradar’s web site or the CDL Warrior mobile app;
- remove any copyright or other proprietary notations from the Content; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by loadradar at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Content on loadradar and CDL Warrior mobile app are provided “as is”. loadradar makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, loadradar does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Internet web Site or Mobile App or otherwise relating to such materials or on any sites linked to this site
loadradar has not reviewed all of the sites linked to its Internet web Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by loadradar of the site. Use of any such linked web site is at the user’s own risk.
The materials appearing on ’s web site could include technical, typographical, or photographic errors. loadradar does not warrant that any of the materials on its web site are accurate, complete, or current. loadradar may make changes to the materials contained on its web site at any time without notice. loadradar does not, however, make any commitment to update the materials.
Rights and Terms for App
Rights Granted by loadradar (App Usage)
Subject to your compliance with these Terms, loadradar grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. loadradar reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you download the CDL Warrior mobile App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider“), then you acknowledge and agree that:
- These Terms are concluded between you and loadradar, and not with the App Provider, and that loadradar (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of loadradar or CDL Warrior.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, loadradar will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Additional Terms for loadradar Driver Users
To Accept Tracking Request: Text “YES” to 84787
Description of the loadradar Service: loadradar provides web-based tools for communication with drivers and tracking shipment status and location.
When using the loadradar as a Driver, we will request your permission to obtain your location using your mobile phone. Your location information will be used to determine your current location and provide your estimated time of arrival at the destination. Your consent to opt-in to the location service will be obtained using an SMS based process where you will be sent a text message that you must reply “YES” to in order to confirm your consent to be located.
You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with your Cellular Provider; (2) your Cellular Provider is not responsible for this application; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.
Message and data rates may apply. Reply HELP to 84787 for help. Reply STOP to 84787 to cancel. You will receive up to 3 messages per month.
SMS restrictions and account limitations: If you are attempting to opt-in to this location service and the SMS text message requesting your consent has not arrived to your phone or you received the messages, but when you attempt to reply to the message, you do not receive a response, then it is likely that your mobile phone account is configured to block text messages from Short Codes. Short codes are non-standard phone numbers, and may also be known as Promotional Codes or Computer Generated Codes.
To fix this challenge, contact your wireless phone carrier and ask that they enable your account to receive text messages from the Short Code 84787. Make sure to inquire how long it will take for the change to be effective so that you can try again.
Opting-Out: When using this location service, you can opt-out at any time by texting STOP to the Short Code 84787 or by emailing our customer support at firstname.lastname@example.org. You will not be located after this unless you use the service again and provide your consent to be located at that time.
Protecting Your Privacy: Your privacy is very important to us and so this service uses only secure HTTPS communication with SSL Encryption to obtain your location data. When using System, your location will be used to provide trip location status updates, estimate time of arrival and trip planning information to the fleet, shipping customer or other entity that requested your location information. Your location data will be stored for 180 days for the purpose of provide your historical trip information. After this, your location data will be deleted from the system.
Sharing of Information: Your location data (latitude, longitude and accuracy estimate) may be shared with the following entities for the purpose of determining your location status and planning your trip: your Fleet, shipping customer, logistics company or other entity that requested your opt-in to the Service. Your location data will not be shared by loadradar with any other parties or used for any other purpose than its intended use (see section A for more information). All location data is obtained using only secure HTTPS communication with SSL Encryption.
Contacting Us: For more information or help with this service, please contact us at email@example.com.
IT IS STRICTLY FORBIDDEN TO USE THE CDL WARRIOR MOBILE APP WHILE DRIVING.
You further agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, loadradar’s name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ’s express written consent;
- Access, tamper with, or use non-public areas of the Services, loadradar’s computer systems, or the technical delivery systems of loadradar’s providers;
- Attempt to probe, scan, or test the vulnerability of any loadradar system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by loadradar or any of loadradar’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by loadradar or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a loadradar trademark, logo, URL or product name without ’s express written consent;
- Use the Services or Content for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@NextGauge.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Disputes and Release; Content Ownership, Responsibility and Removal; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.