Ascendtms.Avagree.com is a website owned and operated by Avagree, Inc ("Avagree" "we," "us" or "our"). These terms of service (the "Terms") govern your access to and use of Ascendtms.Avagree.com and the services available thereon (the "Services"), so please carefully read the Terms before using the Services.
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. The Services may change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
The Services include an online platform that allows shippers to submit information about freight loads requiring transportation by a carrier. The Services constitute a platform for you to submit such information and view it. We do not assess the suitability, legality, regulatory compliance, quality or ability of any Carriers, Shippers, shipped items or shipping services procured through the use of our Services, and we make no warranty regarding any of these items.
Avagree, Inc. is not a federally licensed freight broker under authority granted by the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration, none of the Services constitutes an arrangement wherein Avagree is operating as a freight broker. We are not selling, offering for sale, negotiating for, or holding ourselves out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation of Shippers freight by Carriers for compensation. The financial arrangements for freight transportation procured through the use of our Services is solely negotiated by and in the control of the Shipper and Carrier involved in any said arrangement. The selection of a Carrier by a Shipper for freight transportation is made solely by the Shipper and no recommendations as to the suitability of any Carrier is offered by Avagree. Avagree is not responsible for any shipment terms entered into between a Shipper and a Carrier.
"Carrier" means a for-hire motor carrier or a private motor carrier with authority issued by the federal government or any state government to haul freight for third parties. The term includes a Carrier’s drivers, whether employees or independent contractors, as well as a Carrier’s agents, officers and representatives. A Carrier who accesses or uses our Services agrees to be solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants. A Carrier maintains sole control over the methods and results by which it performs freight transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, expertise, and regulatory compliance required to transport a Shipper’s freight.
A "Shipper" owns, possesses, or otherwise controls the rights to tangible property or freight. The Shipper is a person or entity who seeks the transportation of freight by a Carrier. Shippers agree to retain the sole duty to evaluate, negotiate with, select, and make payment to any Carrier with whom an arrangement is made for the transportation of freight.
Avagree provides access to publicly available data about Carriers published by the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration. Avagree data is obtained from publicly available published information. In the event that any of this information changes, or becomes unavailable, Avagree is not responsible for the accuracy or availability of the data. You can use the Services to search for Carrier data using a variety of search terms. Some of the Carrier data is hidden to users who are not registered with Avagree and not logged in with a username and password.
The hidden data is made available to logged in users who have agreed to subscribe to one of our subscription services and pre-paid for the selected subscription service. Subscription services include Carrier information change alerts, emails with new Carrier registration information, and access to a CRM system hosted by Avagree and containing the same Carrier data.
The Services include a public Load Board. Some of the Load Board information is hidden from users who are not registered and logged in with a username and password. The hidden information is accessible to users who have registered for an account as either a Shipper or a Carrier. The Load Board feature does not required a paid subscription and is provided to registered and non-registered users as a free service.
Shippers can access the Load Board to post information about loads they wish to ship with a Carrier. They provide information about the shipment including desired pickup date and time, origin and destination information, desired rate they wish to pay a carrier, equipment type and cargo type.
Carriers can access the Load Board to view posted loads and perform such actions as access Shipper contact information, request a load they are interested in, and provide a counter offer on a load’s specified rate.
Avagree also sells web advertising that is displayed on many of the website pages.
By using our Services, you provide us with information, files, and folders that you submit to Avagree (together, "your stuff"). You retain full ownership to your stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited license rights you grant to us for stuff you voluntarily elected to post, display, store and publish on our website and that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions and a license to post, display, store and publish your stuff, which we need in order for us to do those things solely to provide the Services. This permission and license grant also extends to trusted third parties we contract with to provide the Services, for example bulk email service providers (again, only to provide the Services).
How we collect and use your information generally is also explained in our Privacy & Security Policy.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.
We may choose to review and remove public content for compliance with our community guidelines, but you acknowledge that Avagree has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Avagree, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Avagree, are responsible for maintaining and protecting all of your stuff. Avagree will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
Avagree hereby grants you the limited permission to view, store, reproduce and distribute pages within the Services solely for personal or internal, non-commercial purposes, provided that no pages or images are modified in any way and that this page and any notices in these pages regarding use and ownership are included with the stored, reproduced or distributed pages.
If your contact information or other information related to your account changes, you must notify us promptly and keep your information current.
Avagree offers certain Services in exchange for payment by website users. Any payments processed by Avagree are payments for Avagree services and have no relationship to any freight transportation arrangements made between Shippers and Carriers as a result of using our Services. No payments for freight shipments will be processed by Avagree. Any payments due to a Carrier for providing freight transportation to a Shipper are the sole responsibility of the Shipper, and any disputes arising from said freight transportation arrangements are not the responsibility of Avagree.
Any claims for losses or damage resulting from the transportation of freight arranged by use of our Services remain the sole responsibility of the Shipper and/or Carrier. Avagree has no liability for any damages resulting from freight transportation arrangements that were created through the use of its Services.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Avagree of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Avagree, it is your responsibility to use a secure encrypted connection to communicate with the Services.
These terms do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Avagree trademarks, logos, domain names, or other brand features.
Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Avagree, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Avagree, Third Party Content, or Users.
Geolocational data that You upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.
The Services may contain links to third-party websites or resources. Avagree does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You are solely responsible for Your actions on the Services, and for the Carriers or Shippers on whose behalf You coordinate freight transportation arrangements on the Services. You are therefore solely responsible for, and will compensate Us for, any and all liability we incur due to Your actions or the actions of Carriers or Shippers on whose behalf You coordinate freight transportation arrangements on the Services. Specifically, You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third party partners harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of Your use of the Services (including User Content You post) or Your provision or acceptance of freight transportation arrangements on Your own behalf or on behalf of other Carriers or Shippers, including but not limited to Your breach of these Terms, Your violation of any law or the rights of a third party, including, without limitation, Carriers, Shippers or others, any allegation that any materials that You submit to Us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of a motor vehicle, including Your provision of freight transportation arrangements to Carriers or Shippers; and/or any other activities in connection with the Services and freight transportation arrangements. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
We respect the intellectual property of others, and expect Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to our Copyright Agent at 16212 Bothell Everett Hwy Suite # F229 Mill Creek, WA 98012-1602 or via email to firstname.lastname@example.org :
We may terminate access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.Release of Freight Connect in User Disputes
We reserve the right, but have no obligation, to monitor and manage disputes between You and other Users of the Services. You are solely responsible for Your interaction with other Users of the Services and other parties that You come in contact with through the Services. You will cooperate fully with us in any investigation of suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of Your account. We hereby disclaim any and all liability to You or any third party relating to any dispute between You and other Users of the Services.
In the event that You have a dispute with one or more Users, You agree to release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Services.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your use of the Services immediately.
By using our Services, you agree that any controversy or claim arising out of or relating to these Terms and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Avagree, shall be governed by the substantive laws of the State of Washington without regard to conflict of law principles thereof or of any other jurisdiction that would cause the application of laws of any jurisdiction other than those of the State of Washington.
You and Avagree agree that any dispute, claim or controversy between You and us arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Rides (collectively, "Disputes") will be settled by binding arbitration between You and us, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and us are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available through www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Unless You and us otherwise agree, the arbitration will be conducted in King County, Washington by one arbitrator. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and us submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, us will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
ALL MATERIALS ON THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVAGREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF THE IMPLIED WARRANTIES, SO THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU IN THIS RESPECT. AVAGREE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVAGREE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT AVAGREE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE MATERIALS ON THE WEBSITES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. AVAGREE DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL ON THE SERVICES IS CORRECT, COMPLETE, OR UP-TO-DATE. AVAGREE MAY CHANGE OR DELETE MATERIAL ON SERVICES WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. AVAGREE WILL MAKE REASONABLE EFFORTS TO MAKE THE SERVICES AVAILABLE DURING BUSINESS HOURS BUT EXPRESSLY DISCLAIMS LIABILITY IN THE EVENT THAT THE SERVICES ARE UNAVAILABLE FOR ANY REASON.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT AVAGREE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES COORDINATED OR OFFERED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES.
AVAGREE WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. SOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVAGREE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT AVAGREE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO AVAGREE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we may decide to notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
All content included in the Services, such as text, graphics, layout, arrangement, presentation of materials, logos, button icons, images, media clips, digital downloads, data compilations, software, and overall design, is Avagree's property or other content suppliers' property and protected by United States and international copyright laws. All software used for Avagree Services is the property of Avagree and protected by United States and international copyright and patent laws.
All names, logos and marks appearing in the Services, except as otherwise noted, are trademarks, registered trademarks or service marks owned by Avagree. All other trademarks not owned by Avagree that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Avagree, and may be protected by United States and international trademark laws. The use or misuse of Avagree's marks or any other content of the Services, except as provided in these Terms and Conditions is strictly prohibited.
We may give notice by means of a general notice on the Services, electronic mail to Your email address in Your account, or by written communication sent by first class mail or pre-paid post to Your address in Your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to 16212 Bothell Everett Hwy Suite # F229 Mill Creek, WA 98012-1602.
These Terms constitute the entire and exclusive understanding and agreement between us and You regarding the Services and content of this website and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, unless otherwise specified in these Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of such party. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You and Us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions about these Terms or the Services, please contact Us at email@example.com.
By using Our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
If You accessed or downloaded the App from the Apple Store, then You agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (2) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service. If You accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an "App Provider"), then You acknowledge and agree that: