Last revised: February 18, 2022
By registering to use the Service or accessing the Service, you agree and acknowledge that you have read, understand, and agree to be legally bound by these Terms. If you are using the Service on behalf of another person or entity, then (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity’s behalf, and (c) in the event that you or that person or entity violates these Terms, that person or entity is responsible to us.
These Terms are effective as of the date you first access the Service.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AGREEMENT IN THE "ARBITRATION" SECTION OF THESE TERMS, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE "ARBITRATION" SECTION OF THESE TERMS.
We reserve the right to change these Terms at any time in our sole discretion by providing notice that these Terms have been changed. We may provide notice by sending an email, posting a notice on the Site or the App, posting the revised Terms on the Site or the App and revising the date at the top of these Terms, or another form of notice. Any changes or modifications will be effective immediately and your continued use of the Service following the notice will constitute your acceptance of the changes.
Access to the Service (including APIs)
We grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to these Terms. We may make available APIs to you. If we make available APIs, then we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access, use, and integrate into your systems such APIs solely as necessary for you to use the Service and subject to these Terms.
In order to access the Service, you must register with us by completing the registration forms that we make available to you. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms ("Registration Data"), (b) maintain the security of your account password, (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete, and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
You are responsible for safeguarding the password you use to access the Service and agree to be fully responsible for activities or transactions that relate to your account or password. You must notify us immediately if you learn of an unauthorized use of your account or password.
We may remove you from all or part of the Service at our sole discretion.
You may subscribe to the Service under one of our subscription plans found on the Site. We will collect from you the subscription fees as set forth in your selected subscription plan. All payments must be made in U.S. Dollars by credit or debit card via our authorized payment processor. You hereby authorize us (or our authorized payment processor) to charge the credit or debit card number that you provide via the Service in accordance with the subscription plan selected and you represent and warrant that you are authorized to use, and have fees charged to, the credit or debit card number provided to us. You understand that you may withdraw such authorization by contacting us at email@example.com.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE SUBSCRIPTION PLAN YOU SELECT, OUR SUBSCRIPTION PLANS WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS EQUIVALENT IN LENGTH TO THE INITIAL SUBSCRIPTION PERIOD SELECTED BY YOU UNTIL CANCELLED BY YOU. YOU MAY CHANGE OR CANCEL SUBSCRIPTION PLANS AT ANY TIME BY FOLLOWING THE INSTRUCTIONS HERE OR THE INSTRUCTIONS INCLUDED IN YOUR SUBSCRIPTION PLAN. NO REFUNDS WILL BE ISSUED.
The Service will allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through the Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Except as expressly authorized by these Terms, you may not modify, disclose, alter, translate, or create derivative works the Service (or any components thereof), license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof), disassemble, decompile, or reverse engineer the software components of the Service, use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, use the Service to store or transmit any viruses, software routines, or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, copy, frame, or mirror any part or content of the Service, build a competitive product or service, or copy any features or functions of the Service, interfere with or disrupt the integrity or performance of the Service, attempt to gain unauthorized access to the Service or their related systems or networks, remove, alter, or obscure any proprietary notices in or on the Service including copyright notices,
interfere in any manner with the enjoyment of the Service of any other user, or cause or permit any third party to do any of the foregoing.
General Grant and Ownership
Unless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information and (b) all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, our “Materials”) are exclusively owned by us or are used with permission. You may not use or disclose any of our Materials without our express prior written consent.
Each party agrees not to disclose the terms and conditions of these Terms to any third party; provided, however, each party may disclose the terms and conditions of these Terms in confidence (a) to such party’s legal counsel, accountants, banks, financing sources and their advisors, (b) in connection with the enforcement of these Terms or rights under these Terms, or (c) in connection with an actual or proposed merger, acquisition or similar transaction.
Although we will use your Industry Credentials on Terminal Sites with the intent of improving the Service as provided to you, when we use your Industry Credentials on Terminal Sites, the third-party terminal operators may, in whole or in part, block or disable your access to their Terminal Sites. You acknowledge and agree that if you do not provide your Industry Credentials, certain features of the Service may be unavailable to you. You further acknowledge and agree that we assume no liability or responsibility for acts or omissions of these third-party terminal operators, whether in response to us using your Industry Credentials on their Terminal Sites or otherwise.
FEEDBACK AND USAGE DATA
We will be free to use, disclose, reproduce, license, and otherwise distribute and exploit any suggestions, comments, or other feedback provided by you to us with respect to the Service as we see fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
We may collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom) ("Usage Data"), and we may (a) use such Usage Data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other BlueCargo offerings and (b) disclose such Usage Data solely in aggregate or other de-identified form in connection with our business.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service, App, or Site. We provide these links to you only as a convenience and the inclusion of any link does not imply our affiliation, endorsement, or adoption of the corresponding site or any information contained in (or made available via) that site. When you leave the Site or App, as applicable, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site or App.
Our name, trademarks, logos, and any other of our products, service names, or slogans included in the Service are our property and may not be copied, imitated, or used (in whole or in part) without our prior written consent. The look and feel of the Service, the App, and the Site, including all custom graphics, button icons, and scripts constitute our service marks, trademarks, or trade dress and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service ("Third-Party Trademarks") are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by us or our licensors with such company or an endorsement or approval by such company of us or our licensors or their respective products or services.
SUSPENSION OR TERMINATION
We may, at our sole discretion, suspend or terminate your license to access or use part or all of the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if we suspend or terminate your license to access or use the Service. We reserve the right, but do not undertake any duty, to take appropriate legal action including, without limitation, pursuing civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. We may recover our reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
DISCLAIMER AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO US DURING THE SIX-MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree, at your sole expense, to defend, indemnify and hold us (and our directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) that we (or our directors, officers, employees, consultants, or agents, individually or collectively) incur and are caused by, arise out of, result from, are attributable to, or are in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
No Representative Actions. The parties agree that any dispute arising out of or related to these Terms or the Service is personal to the parties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which a party seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, each party waives its rights to a jury trial and to have any dispute arising out of or related to these Terms or the Service resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to the Service, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to us by email at firstname.lastname@example.org or by certified mail addressed to BlueCargo, Inc., 340 S. Lemon Ave. #6606, Walnut, CA 91789. The Notice must (a) include your name, residence address, email address, and telephone number, (b) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If the parties cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles, California in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
The parties agree that these Terms affect interstate commerce and that the enforceability of this arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator and the parties will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
The parties agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. The parties agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or the Service must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that neither party will have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this arbitration agreement by sending an email to email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the "Governing Law and Venue" section of these Terms.
If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms, (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this arbitration agreement, and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this arbitration agreement will be enforceable.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without our prior written consent. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. We may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that we use a third party hosting infrastructure in connection with the Service ("Third-Party Infrastructure"), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and we assume no liability for any claim that may arise with respect to such Third-Party Infrastructure.
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
We are not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by us, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to BlueCargo, Inc., 340 S. Lemon Ave. #6606, Walnut, CA 91789 with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
ADDITIONAL TERMS APPLICABLE TO MOBILE DEVICES
The following terms apply if you install, access or use the App on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").
Acknowledgement. You acknowledge that these Terms are concluded solely between you and us, and not with Apple, and we, not Apple, are solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be our sole responsibility. However, you understand and agree that in accordance with these Terms, we have disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. The parties acknowledge that as between Apple and us, we, not Apple, are responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to:
340 S. Lemon Ave. #6606
Walnut, CA 91789
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
Third-Party Beneficiary. We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof:
The following terms apply if you install, access, or use the App on any device that contains the Android mobile operating system ("Android App") developed by Google, Inc. ("Google")
You acknowledge that these Terms are between you and us only, and not with Google.
Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Android App.
If you have any questions regarding the use of the Service, please email us at email@example.com.