Policy for Terms of Service
1. Agreement to Terms of Service
Welcome to our website www.carrier-spot.com ("Our Site") provided by Carrier Spot, LLC ("CarrierSpot" "us" "we" and "our").
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and CarrierSpot, concerning your access to and use of Our Site, products and services ("Services") as well as any related mobile application, data analytics, videos, posts... You agree that by accessing Our Site you have read, understood and agree to be bound by all of these Terms of Service.
We reserve the right, in our sole discretion, to update any of the terms and conditions contained in these Terms of Service and our Privacy Policy at any time and for no reason, by posting such updates on Our Site. We will inform you about any updates by updating the "Last Updated" date.It is your responsibility to review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of Our Site after the date such revised Terms of Service are posted.
2. Accounts and Data Theft
YOU MUST HAVE AN INDIVIDUAL ACCOUNT WITH YOUR VALID CONTACT INFORMATION AND NAME WITH CarrierSpot ("USER ACCOUNT") TO SUBSCRIBE TO ANY ASPECT OF THE SERVICES, including any fee-based aspect of the Services or free aspect of the Services. There may be opportunities, at CarrierSpot's discretion where you may register to use the Services for free or subscribe to a fee-based aspect of the Services online. In all cases, you agree to (a) provide true and accurate account information, (b) choose a strong and secure password; (c) keep your password secure and confidential;(d) not transfer, or attempt to transfer, your User Account or any registration or subscription thereunder, to any other party, or otherwise permit any other party to use your User Account; (e) promptly report any breach of password confidentiality to CarrierSpot; (f) register the User Account using your legal name; and (g) cancel and close your User Account when you will no longer continue using it. CarrierSpot reserves the right to terminate or suspend your User Account for any reason at any time, including upon reasonable belief that fraud or unauthorized activity has occurred on your User Account. If your login information is used by another individual or company without permission from CarrierSpot, you will be legally responsible for all damages, claims, liability, and user fees associated with such use which shall be immediately payable to CarrierSpot along with any other remedies and legal rights CarrierSpot may have against you.
Unless you and CarrierSpot have entered into a written contract signed by an officer of CarrierSpot expressly permitting such actions (and you are in compliance therewith), you acknowledge and agree that use of automated systems or software and/or manual or any other methods to extract data, images, materials, User Content, or any other information from the Products or Services (including via screen scraping or framing) for any purpose is strictly prohibited and material breach of this Agreement. If you reproduce, scrape, frame, or disseminate the Products or Services in violation of this Agreement, in addition to any and all other remedies available to CarrierSpot whether at law or in equity, you shall be liable to CarrierSpot for liquidated damages of no less than $10,000 per occurrence. You and CarrierSpot agree that this amount does not represent a penalty, but is a fair and reasonable estimate of compensation CarrierSpot may reasonably anticipate for such a violation, given the fact that it would be impossible, impracticable, or extremely difficult to determine the precise damages incurred by CarrierSpot arising therefrom.
3. Access and Control by Subscribing Party
If your Organization has paid for your access to Products or Services or your access is pursuant to a subscription through, and paid for by your Organization , then that subscribing party has the right to control your access to that aspect of the Services and to receive reports from CarrierSpot (if available, at CarrierSpot's sole discretion) regarding your use of such aspect of the Services, including, without limitation, any and all data, information, or material uploaded, provided, or shared using that aspect of the Services.
4. System Requirements
Use of the Services and access to our Products requires hardware, software, and internet access not provided by CarrierSpot, and your ability to access and use the Services may be affected by the performance of these third-party system components. You acknowledge and agree that such system components are your responsibility. CarrierSpot shall not be liable for the functionality, connectivity, or performance of any third-party system components or the compatibility of any third-party system component with the Products or Services.
5. Revisions
CarrierSpot reserves the right to revise any of the terms and conditions contained in these Terms of Service and our Privacy Policy (including our policy on use of cookies) at any time and in our sole discretion by posting such revisions on Our Site. The effective date of such revisions will be the date specified. It is your responsibility to regularly review these Terms of Service and the Privacy Policy for any revisions. If you do not accept such revisions, you must immediately discontinue using CarrierSpot's Products and Services. Your continued use of any of CarrierSpot's Products or Services following the effective date of such revisions will signify your acceptance of such revisions. We reserve the right to modify, update, disable, suspend, or remove portions of the Products and/or Services at any time without prior notice to you.
6. Age Requirements
The Services and, specifically, Our Site are not intended for or designed to attract children under the age of thirteen (13) years. By using the Products or Services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
7. Grant of License
Subject to your continuing compliance with these Terms of Service, CarrierSpot hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install the Products for use in connection with the Services; (b) use the Services; and (c) access and use Our Site.
8. Payment
For any fee-based aspect of the Products and/or Services to which you initiate subscription, your order and applicable payment obligations will be notified to you through the Services online, or otherwise, as may be determined by CarrierSpot. You agree to pay all applicable fees for use of the Products and Services in advance of such access to the applicable Products and/or Services. If you pay applicable Services fees by credit card, you will also provide CarrierSpot with Personal Information (as such term is defined in the CarrierSpot Privacy Policy) required for us to process the transaction (Transaction Information), and you shall update such Transaction Information from time-to-time as necessary to ensure that all such Transaction Information remains accurate. You authorize CarrierSpot to retain and/or share your Transaction Information with third-party financial institutions and payment processing firms, in accordance the CarrierSpot Privacy Policy, for the sole purpose of processing your payments for the fee-based aspect of the Services to which you have subscribed.
Unless otherwise agreed upon in a separate agreement, CarrierSpot, in its sole discretion, shall determine the fees it will charge for any aspect of the Products or Services and payment terms. CarrierSpot may, upon providing thirty (30) days prior written notice to you through the Services, or otherwise by email, amend such fees and/or payment terms applicable to the Products and/or Services. If you do not agree to any such fee and/or payment term changes, you may terminate or cancel any aspect of the Products and/or Services; otherwise all such changes shall thereafter be effective with respect to your User Account, and you agree that CarrierSpot is authorized to charge your credit card for any such new fees applicable to the aspect of Products and/or Services to which you have subscribed, on the next monthly, or other periodic payment cycle, as applicable, and in advance of your access to such Products and/or Services. The fees paid shall not be subject to reduction or proration as a result of a termination of your license to use the Products or Services.
For any fee-based aspect of the Products and/or Services to which you subscribe, you also agree to pay us any applicable taxes in addition to the applicable subscription fees. Failure to pay these fees and taxes in accordance with your payment obligations will result in the termination or suspension of your paid Products and/or Services, and potentially the referral of your User Account to a debt collection agency.
9. Termination and Nonrenewal of User Account
The following termination and non-renewal provisions apply:
By you. You can terminate your User Account at any time for any reason by providing thirty (30) days written notice to CarrierSpot. You will continue to have access to the Products and/or Services until the end of your billing cycle. CarrierSpot will not issue refunds for any paid User Account that you terminate or prorate any applicable invoices. By us. without notice. CarrierSpot may terminate, restrict, or suspend your User Account, at any time and without notice, and for any reason or if we believe that the Services and/or Products are being used as follows: (i) in violation of applicable law, (ii) in any way harmful to other users, or (iii) in violation of these Terms of Service, our Privacy Policy, or any other term or policy incorporated by reference into these Terms of Service. CarrierSpot will not issue refunds for any paid User Account we terminate for the foregoing reasons or prorate any applicable invoices. Our Right to Not Renew. We reserve all rights to refrain from renewing any User Account or Organization subscription for any reason.
10. Notices
Except as otherwise expressly set forth in these Terms of Service, all notices from CarrierSpot to you will be in writing sent by email (to the email address registered through the Services) or through the Services (e.g., a CarrierSpot notification published in your User Account or displayed in an online session). All notices from you to CarrierSpot shall be emailed to info@carrier-spot.com, except for legal notices, such as notices regarding copyright infringement assertions, which shall be sent legal@carrier-spot.com. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
11. User Generated Content
Our Products and Services allow sharing of information in many ways, and any information, and content, or related data that you or any other user posts, communicates, or otherwise shares (whether such sharing is made directly on the Site or through communications with CarrierSpot that are later interpreted, summarized, and/or otherwise communicated and/or posted by CarrierSpot, in its sole and absolute discretion, to other users or third parties in any way on the Site, or through the Services or Products, or through any other means) (collectively, the share, communication, or and/or post ( may be referred to as your "User Generated Content") may be seen by others. Where we have made settings available, we will honor the choices you make about who can view content or information (e.g., message content to your addressees, sharing content only to CarrierSpot connections, restricting your profile visibility from search engines, or opting not to notify others of your CarrierSpot profile update). We are not obligated to publish any User Generated Content on our Services and we reserve the right to post, publish, discuss, and/or disclose in any form or method of media, seek or invite comment on, provide analysis of, retain, remove, summarize, and/or interpret any User Generated Content for any reason at any time, including removing such User Generated Content deemed to be objectionable or in violation of these Terms of Service, in CarrierSpot's sole discretion.
As between you and CarrierSpot, you own the User Generated Content that you submit or post to the Services, and you are only granting CarrierSpot, and our affiliates and licensees, the following non-exclusive license: A worldwide, irrevocable, transferable and sublicensable right to use, reproduce, display, copy, modify, transmit, distribute, publish, and process, and sublicense to our affiliates any User Generated Content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others, solely in order to provide the Services to you for any purpose. So long as you remain a valid user, you may be able to remove User Generated Content you post directly on the Site from the Services by deleting it, except (a) to the extent you or CarrierSpot shared it with others'as part of the Services and they or CarrierSpot copied, re-shared it, or stored it and (b) for the reasonable time it takes us to remove such User Generated Content from backup and other systems, if any exist, to the extent CarrierSpot elects to do so. Notwithstanding the foregoing, nothing contained herein shall obligate CarrierSpot to remove, delete, or otherwise withdraw any of the User Generated Content posted by you or CarrierSpot, or otherwise published, discussed, disclosed, commented on, analyzed, retained, removed, interpreted, summarized, and/or otherwise communicated by CarrierSpot, in its sole and absolute discretion, on the Site, or through the Services, or Products, or any other means or medium.
YOU UNDERSTAND AND AGREE BY USING, READING, RESPONDING, AND/OR ACCESSING USER GENERATED CONTENT, SUCH AS REVIEWS AND REPORTS, YOU ARE DOING SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT AS A USER OF THE PRODUCTS AND SERVICES, YOU WAIVE ANY AND ALL RIGHTS AGAINST CarrierSpot AND OTHER USERS OF CarrierSpot THE SITE, SERVICES, ROUNDTABLE DISCUSSIONS, AND/OR PRODUCTS ("OTHER USERS"); SUCH A WAIVER OF RIGHTS INCLUDES YOUR WAIVER OF ANY AND ALL CLAIMS AGAINST CarrierSpot AND OTHER USERS FOR LIBEL, DEFAMATION, NEGLIGENCE AND OTHER SIMILAR OR RELATED CLAIMS.
12. Intellectual Property Rights
CarrierSpot and its licensors own all right, title, and interest in the Products and Services, including without limitation all copyright, trademark, trade secret, and patent right, and reserves all such intellectual property rights. Using our Products and Services does not give you any ownership in our Products and Services or the content or information made available through our Products and Services, and you are only permitted to use our Products and Services for the purposes authorized in these Terms of Service. Trademarks and logos used in connection with the Products and Services are the trademarks of their respective owners. CarrierSpot and other CarrierSpot trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of CarrierSpot. You are prohibited from using CarrierSpot's trademarks for any purpose, including without limitation to suggest that you or your Organization are sponsored or endorsed by CarrierSpot, without the prior written consent of CarrierSpot.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Products or Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any and all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. Data Storage
We may change or discontinue any of our Services, subject to these Terms of Service. CarrierSpot is not a storage service, and you agree that we have no obligation to store, maintain or provide a copy of any User Generated Content that you or others provide through the Services, except to the extent required by applicable law and as noted in our Privacy Policy.
14. Other Content, Sites and Apps and Content Removal
Other persons or entities may offer their own content, products, and services through our Services, and we are not responsible for that third-party content, products, or services. Your use of such third-party content, products, or services shared through our Services, is at your own risk. CarrierSpot generally does not review and is not responsible for third-party content, products, or services provided through our Services. You are responsible for deciding if you want to access or use third-party content, products, and services (including, without limitation, apps or sites that link from our Services, if any). Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should carefully read the legal terms and privacy policies of any sites or apps linked from the Services before deciding whether to use those sites or apps. You also understand that CarrierSpot does not, and has no obligation to, monitor, pre-screen or pre-approve, or evaluate the integrity of any third-party content, products, or services offered through our Services, but that CarrierSpot shall nonetheless have the right, but not the obligation, in its sole discretion, to refuse, delete or remove any third-party content, products, or services that may be offered through the Services for any reason, including without limitation a violation of applicable law or these Terms of Service.
15. Prohibited Use
You represent and warrant that you will not use the Services and/or Products for any of the following purposes or activities:
conducting or supporting illegal activity of any type whatsoever, or using the Products or Services in violation of any applicable law or regulation, including without limitation laws relating to privacy and data security; transmitting or storing worms or viruses, ransomware, or any malicious code designed to access information without authorization, steal it, intercept it, or alter it, or for any other unauthorized or destructive purpose; threatening, defaming, slandering, libeling, harassing, abusing, impersonating, injuring or intimidating others; interfering with others' use of the Services; delivering spam or collecting information to deliver spam, or sending advertisements; copying, reselling, reproducing, distributing, leasing, sublicensing, or otherwise transferring, the Products or Services or access thereto, or any reports or data generated therefrom; offering to enable, or enabling any third parties to use the Services or Products; commercially exploiting, decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in Services or the Products; displaying or publishing the Products or Services, including without limitation on any website or service, or using the Products or Services to create, develop, produce, or market a substantially similar product or service; making any modification, adaptation, improvement, enhancement, translation or derivative work from the Products or Services; disguising the origin of any content transmitted through Services or obscuring or misrepresenting your account identity on the Services; causing the launch of any automated system(s) that access the Services in a manner that sends more request messages to servers of the Services in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser (e.g., Denial-of-Service attack); data mining, scraping, crawling, redirecting, or compiling data for any purpose other than one authorized pursuant to these Terms of Service; infringing or using any proprietary information or interfaces of the Products or Services or other intellectual property of the Products or Services for any reason not authorized by these Terms of Service; or attempting to remove or obscure any proprietary notices on the Products or Services.
16. Warranties You Provide
You warrant and represent to CarrierSpot that you: (a) are authorized to consent to these Terms of Service; (b) are not infringing the intellectual property rights or violating the privacy of third parties whenever you provide User Generated Content on or through the Services; and (c) own or are fully authorized to transmit all such User Generated Content through the Services.
17. Indemnification
You irrevocably agree to defend, indemnify, and hold harmless CarrierSpot, its holding company, and it's, or their, shareholders, officers, directors, members, managers, employees, independent contractors, licensors, agents, subsidiaries, and affiliates (collectively, the "CarrierSpot Parties"), jointly, severally, and in any combination, from and against any and all losses, damages, costs, liabilities, assessments, expenses (including but not limited to all fees and charges of attorneys and other professionals, and all dispute resolution costs and litigation costs), and amounts paid in settlement (singularly, a "Loss" and collectively, "Losses") by or on behalf of any CarrierSpot Parties incurred in connection with any actual, threatened, pending, or completed claim, action, suit, mediation, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal, audit, or any other proceeding (collectively, "Claims") made or brought against any of the CarrierSpot Parties (including claims by governmental entities seeking to impose penal and/or civil sanctions) arising out of or resulting from: (a) your breach of these Terms of Service; (b) your breach of the Privacy Policy; (c) your violation of the law; (d) your User Generated Content, including any and all resulting Roundtable Discussions; (e) your breach of any of your representations and warranties in these Terms of Service; (f) any inaccuracy in any of your representations or warranties in these Terms of Service; (g) violation of the proprietary rights of a third-party via your User Generated Content or Submissions; and (h) your use of the Products and Services. This Section is a "stand-alone" indemnification provision in that it shall neither supersede nor be subordinate to the indemnification provision set forth in any other agreement.
18. Copyright Infringement Assertions
If you have a "good faith" belief that third-party content provided on CarrierSpot infringes your intellectual property rights, and you wish for CarrierSpot to consider the alleged infringing content, you should provide the following information to us: (a) identify, with specificity, your protected work that you reasonably believe is being infringed upon; (b) identify the content that you reasonably believe is infringing upon your protected work, including sufficient information to allow CarrierSpot to locate the alleged infringing content; (c) provide your contact information, including full name, mailing address, telephone number, and email address; (d) provide a written statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; (f) provide your signature on the notification (or an electronic signature); (g) send your notification to our Designated Agent by e-mail to: legal@carrier-spot.com
19. Warranty, Waivers, Assumptions of Risk and Disclaimers
YOU AGREE THAT YOUR USE OF THE SITE, PRODUCTS, AND/OR SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CarrierSpot (ON BEHALF OF ITSELF AND THE CarrierSpot PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. CarrierSpot MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, USER GENERATED CONTENT, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. CarrierSpot DOES NOT WARRANT THAT THE SITE, PRODUCTS, OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE CarrierSpot PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE CarrierSpot PARTIES WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES (AS DEFINED IN SECTION 23 BELOW), SERVICES, PRODUCTS AND OUR SITE INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATIONOR DATA. IN ADDITION, WE ARE NOT OBLIGATED TO PROVIDE ANY MAINTENANCE, TECHNICAL, OR OTHER SUPPORT FOR THE SERVICES.
CarrierSpot does not function as a transportation broker or arrange for the movement of freight. All such arrangements may be made by the users of the Services, and any terms and conditions of such freight movement, including without limitation any pricing or payment terms, are solely among the users of our Services. No agency, partnership, joint venture, employee employer or franchisee-franchisor relationship is intended or created by your use of the Services or by these Terms of Service.
You use the Site, Products, and/or Services at your own risk. While we make reasonable efforts to post and supply accurate and timely information, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF THE ACCURACY OF CONTENT ON THE SITE, SERVICES, AND/PRODUCTS (INCLUDING USER GENERATED CONTENT) OR CONTENT OTHERWISE PROVIDED TO YOU BY US THROUGH AN ALTERNATIVE MEANS (INCLUDING ANY ROUNDTABLE DISCUSSION) AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR INACCURACIES, ERRORS, OR OMISSIONS IN SUCH CONTENT. EACH CARRIER/BROKER SCORE GENERATED BY CarrierSpot AND DISPLAYED THROUGH THE SERVICES IS BASED UPON CarrierSpot S INTERPRETATION OF SPECIFIC DATA POINTS AND IS ONLY A PROJECTED ASSESSMENT OF PERFORMANCE BASED ON ALGORITHMS DEVELOPED BY AND EXCLUSIVELY FOR CarrierSpot. Further, without limiting the foregoing in anyway, we make no representations or warranties whatsoever: (a) regarding the liability, timeliness, quality, suitability, or availability of our Services; (b) that our Services will be uninterrupted or error- free; or (c) regarding the quality, qualifications, suitability, safety, accident history, vehicle history, criminal or civil liability history, creditworthiness or experience of any of the users of our Services. In addition, by using the Services, you acknowledge and agree that we do not, and have no duty to, conduct any investigations or evaluations relating to any of the foregoing. You fully and completely assume all risk of using the Site, Services, and/or Products and any content (including User Generated Content), materials or information provided to you by us or any other user of the Services.
20. Limitation of Liability
IN NO EVENT SHALL ANY OF THE CARRIERSPOT PARTIES BE LIABLE, JOINTLY OR SEVERALLY, TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND CarrierSpot'S CONTROL; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PRODUCTS OR SERVICES; (III) LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CARRIERSPOT'S PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF CarrierSpot'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS OR SERVICES BY ANY THIRD PARTY; (VII) ANY USER GENERATED CONTENT, WHETHER GENERATED BY USER OR ANY OTHER USER OR , (VIII) THE GENERATION, DISPLAY, OR USE OF ANY SCORES, REPORTS, RATINGS, ALGORITHMS, OR OTHER CARRIER/BROKER DATA BY OR FOR CARRIERSPOT, USER, OR ANY OTHER USER, AND (IX) ANY LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES SHARED THROUGH OUR SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CarrierSpot, OR ANY OTHER PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CarrierSpot PARTIES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT, ROUNDTABLE DISCUSSIONS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, OTHER USER, OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
21. Severability/Waiver/Construction
If a court of competent jurisdiction determines that any provision of these Terms of Service is invalid or unenforceable for any reason, that provision shall be severed from these Terms of Service (in that jurisdiction only) and the remainder of these Terms of Service will continue in full force and effect. Delay or failure to enforce or insist on strict compliance with any of the provisions of these Terms of Service will not constitute a waiver of that or any other provision or otherwise modify these Terms of Service. CarrierSpot's waiver of any right related to these Terms of Service must be express and in writing to be valid; any waiver by CarrierSpot on one occasion will not waive any other right, constitute a continuing waiver, or waive that right on any other occasion. You should consult with your attorney before agreeing to the terms of these Terms of Service. Your agreement to these Terms of Service constitutes your affirmation that you have consulted with, or have had the opportunity to consult with, your attorney regarding these Terms of Service. Therefore, no rule of construction or interpretation that disfavors the drafting party will apply to interpretation of these Terms of Service.
22. General Provisions
These Terms of Service, the Privacy Policy, and any additional terms or policies for use of the Products or Services provided to you in writing by CarrierSpot (which terms and policies are hereby incorporated into these Terms of Service by this reference), constitute the entire agreement between you and CarrierSpot with respect to the subject matter contained herein. Any action related to these Terms of Service or the Privacy Policy, and any documents incorporated by reference herein, will be governed by, construed, and enforced in accordance with the substantive and procedural laws of the State of Delaware (without regard to its conflict of law provisions), and to the extent controlling, to the federal laws of the United States of America. BY USING THEPRODUCTS OR SERVICES YOU ARE AGREEING TO THE TERMS OF THESE TERMS OF SERVICE,AND IN DOING SO, YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTES, ACTIONS, CLAIMS,OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE PRIVACY POLICY, AND ANY DOCUMENTS INCORPORATED BY REFERENCE HEREIN, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTSITUATED IN NEW CASTLE COUNTY, DELAWARE. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATE IN ANY CLASS ACTION AGAINST CarrierSpot. CarrierSpot reserves the right to initiate litigation in any other appropriate forum as needed. These Terms of Service and the Privacy Policy, and all documents incorporated by reference herein, have been prepared and are to be interpreted in the English (American) language. To the extent there is any conflict between these Terms of Service and our Privacy Policy and any additional terms or policies that are incorporated by reference herein, the terms of these Terms of Service and our Privacy Policy are controlling. To the extent there is any conflict between the terms of these Terms of Service and the terms of our Privacy Policy, the terms of our Privacy Policy are controlling.
23. Beta Services
CarrierSpot may, from time to time, offer access to services that are classified as a beta version, which means we are testing and learning from versions that are pre-production ("Beta Version"). Access to and use of Beta Versions may be subject to additional agreements CarrierSpot makes no representations that a Beta Version will ever be made generally available and reserves the right to discontinue or modify a Beta Version at any time without notice. Beta Versions are provided as-is, may contain bugs, errors or other defects, and your use of a Beta Version is at your sole risk. We can terminate or disable your use of the Beta Version at any time. Likewise, you may decide to stop using the Beta Version at any time. We may remove your access to features of the Beta Version at any time. You understand that we're not responsible for any issues, problems, or damages arising out of or caused by the Beta Version. We have no obligation to provide any kind of support for the Beta Version.
24. Survival
These Terms of Service remains effective for so long as your User Account remains active, or your Organization's subscription(s) remain active, or you access our Site, Products or utilize our Services, whichever is longer. Upon expiration or termination of these Terms of Service, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive, including, without limitation, Sections 17 (Indemnification), 19 (Warranty Disclaimer), 20 (Limitation of Liability), 21 (Severability/Waiver/Construction), and 22 (General Provisions).
25. CarrierSpot Community Policies
CarrierSpot strives to provide a positive, stimulating and safe environment for encouraging collaboration. We are confident that our users will naturally contribute to promoting such an environment, but as a reminder, here are some rules (not intended to be comprehensive) that must be followed ("Our Community Policies").
No Bullying and/or Harassment - CarrierSpot allows users to speak freely on matters and people of public interest, but we strive to take action on reports of abusive, harassing, threatening, or defamatory behavior directed at individuals. Repeatedly targeting users with unwanted friend requests or messages is a form of harassment. Sharing, posting, or transmitting any material or communication that is designed to provoke, harass, upset, embarrass, or antagonize anyone (including CarrierSpot staff or other users), especially trolling, bullying, or intimidating, is strictly prohibited within any Service, Products or Our Site.
Users are not allowed to impersonate a fictitious person or steal and utilize data from another person. CarrierSpot requires that users register with their legal names and account identities when using the Services. Users are prohibited from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization or person, or creating multiple accounts undermines community and violates CarrierSpot's Terms of Service.
CarrierSpot does not permit use of the Services to disseminate hateful speech or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events, and practices, CarrierSpot does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, familial status, disability or medical condition, or other protected class.
CarrierSpot can be a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence will not be tolerated on our Services.
CarrierSpot has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose a firm restriction on the display of nudity.
Before sharing content on CarrierSpot, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights including, but not limited to, not conducting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and/or the distribution of counterfeit software.
It is not permitted to complete transactions involving goods or services which violate any of the terms of these Terms of Service, our Privacy Policy, or any other agreement you have with, or policy of, CarrierSpot. Users are not permitted to complete transactions involving goods or services which are illegal or are regulated goods including but not limited to drugs, firearms, and human/animal anatomy or blood, on our platform.
We take the safety of our users seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our other users by not contacting them for commercial purposes without their consent.
By using our Services, you agree to provide us feedback, and any feedback you provide belongs to CarrierSpot.