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Terms of service for Beyond Transport Inc.

Last updated February 01, 2024


TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. FEES AND PAYMENT
  6. FREE TRIAL
  7. CANCELLATION
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENSE
  11. MOBILE APPLICATION LICENSE
  12. SUBMISSIONS
  13. THIRD-PARTY WEBSITES AND CONTENT
  14. U.S. GOVERNMENT RIGHTS
  15. SYSTEM MANAGEMENT
  16. PRIVACY POLICY
  17. COPYRIGHT INFRINGEMENTS
  18. TERM AND TERMINATION
  19. MODIFICATIONS AND INTERRUPTIONS
  20. GOVERNING LAW
  21. DISPUTE RESOLUTION
  22. CORRECTIONS
  23. DISCLAIMER
  24. LIMITATIONS OF LIABILITY
  25. INDEMNIFICATION
  26. USER DATA
  27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  28. CALIFORNIA USERS AND RESIDENTS
  29. MISCELLANEOUS
  30. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Beyond Transport, Inc., doing business as Beyond Transport ("Beyond Transport", “we”, “us”, or “our”), concerning your access to and use of the https://app.beyondtransport.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Illinois, United States and have our registered office at P.O. Box: 407 E Ayre St #1117 , Wilmington , DE 19804. You agree that by accessing the System, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE , THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY


Supplemental terms and conditions or documents that may be posted on the System from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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 the System after the date such revised Terms of Service are posted


The information provided on the System is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the System from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


the System is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the System in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


the System is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the System.



2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the System is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the System (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the System “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the System and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the System, you are granted a limited license to access and use the System and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the System, the Content and the Marks.

3. USER REPRESENTATIONS


By using the System, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms of Service;
  4. you are not a minor in the jurisdiction in which you reside;
  5. you will not access the System through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the System for any illegal or unauthorized purpose; and
  7. your use of the System will not violate any applicable law or regulation;


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the System (or any portion thereof).



4. USER REGISTRATION

You are required to register on this site to access the System. You agree to keep your password confidential and are responsible for all activity under your account and password. We reserve the right to remove, reclaim, or modify any username you select if, in our sole discretion, we determine that the username is inappropriate, obscene, or otherwise objectionable.



5. FEES AND PAYMENT

We accept payments through Stripe, which supports the following payment methods:


To access certain services, you may be required to pay a fee. You agree to provide current, complete, and accurate payment and account information for all purchases made through Stripe. You are responsible for promptly updating your billing information, including your email address, payment method, and payment card expiration date. This can be done through the Stripe customer profile link provided in our system. All transactions are processed in U.S. dollars.


To access certain services, you may be required to pay a fee. You agree to provide current, complete, and accurate payment and account information for all purchases made through Stripe. You are responsible for promptly updating your billing information, including your email address, payment method, and payment card expiration date. This can be done through the Stripe customer profile link provided in our system. All transactions are processed in U.S. dollars.


You can choose whether to enable automatic charges for recurring fees or manage each payment manually. By selecting automatic payments, you authorize us to charge your chosen payment method on a recurring basis without requiring further approval for each charge until you cancel.


If you opt for manual payments, invoices must be paid by the end of the billing month. Failure to pay any outstanding invoice by the due date may result in the suspension of your account.


We reserve the right to correct any errors or inaccuracies in pricing, even if payment has already been processed. Additionally, we reserve the right to refuse any order placed through the System.

6. FREE TRIAL

We offer a 15-day free trial to new users who register with the System. The account will be charged according to the user’s chosen subscription at the end of the free trial.



7. CANCELLATION

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.


If your account shows no activity for more than one month, we reserve the right to suspend your account. To reactivate your account, please contact us.


If you are unsatisfied with our services, please email us at contact@beyondtransport.com or call us at +1 630-755-0225.



8. PROHIBITED ACTIVITIES

You may only use the System for its intended purposes as provided by us. Any other use, especially for commercial purposes not approved by us, is prohibited.


As a user, you agree not to:

9. USER GENERATED CONTRIBUTIONS

the System may allow you to provide feedback, submit reviews, or participate in other forms of content sharing. When you provide any content ("Contributions"), including text, comments, photos, or other materials, you agree that these Contributions may be visible to other users and could be shared on third-party websites. By submitting Contributions, you represent and warrant that:



Any violation of these rules may result in the suspension or termination of your access to the System.



10. CONTRIBUTION LICENSE

By posting your Contributions (such as reviews, comments, or feedback) on the System, you grant us an unrestricted, worldwide, royalty-free, and perpetual license to use, copy, reproduce, modify, publish, distribute, and display these Contributions in any media format and through any media channels. This license includes the right to use your name, image, and any trademarks or logos you provide.


You confirm that you have the right to grant this license and that your Contributions do not infringe on the rights of others. You also agree that we can use your Contributions for any purpose, including commercial and advertising purposes.


You retain ownership of your Contributions and any related intellectual property rights. We are not responsible for the content of your Contributions and are not liable for any statements made in them. You agree to hold us harmless from any claims related to your Contributions.


We may, at our discretion, edit, relocate, or remove Contributions from the System and are not obligated to monitor or review Contributions.

11. MOBILE APPLICATION LICENSE

Use License

If you access the System via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not:




Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play (each an “App Distributor”) to access the System:




12. SUBMISSIONS

You agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the system ("Submissions") will be considered non-confidential and will become our sole property. We will have exclusive rights, including all intellectual property rights, to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without needing to acknowledge or compensate you. You waive any moral rights to your Submissions and confirm that they are either original to you or that you have the right to submit them. You agree that we will not be held responsible for any claims related to alleged or actual infringement or misappropriation of proprietary rights in your Submissions.

13. THIRD-PARTY WEBSITES AND CONTENT

The system integrates with third-party systems, such as fuel providers and ELD device providers, to fetch and display data related to their services. This includes information such as fuel transactions, truck locations, and driver hours of service. Additionally, the system integrates with factoring companies for billing purposes, where it stores relevant data on their servers.


We do not review, monitor, or verify the accuracy, appropriateness, or completeness of data from these third-party systems. We are not responsible for any issues related to Third-Party Content or Third-Party Websites accessed through the system. The presence of integration with third-party services does not imply our endorsement or approval of those services. Any issues or disputes arising from interactions with these third-party systems are solely between you and the third party.


If you choose to use these third-party integrations, you do so at your own risk, and you should review the applicable terms and policies of any third-party system you interact with. We are not liable for any harm or losses resulting from the use of these third-party services or content.



14. U.S. GOVERNMENT RIGHTS

Our services are considered “commercial items” under Federal Acquisition Regulation (FAR) 2.101. If used by a U.S. government agency, they are subject to the terms of these Terms of Service according to FAR 12.212 (for software) and FAR 12.211 (for technical data) for non-Department of Defense agencies, or DFARS 227.7202-3 and DFARS 252.227-7015 for Department of Defense agencies. This clause overrides any other government rights provisions.



15. SYSTEM MANAGEMENT

We reserve the right, but are not obligated, to:




16. PRIVACY POLICY

We prioritize your data privacy and security. Please review our Privacy Policy at https://beyondtransport.com/privacy-policy.html. By using the System, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. If you access the System from a region with data protection laws that differ from those applicable in the United States, you acknowledge and consent to the transfer and processing of your data in accordance with our Privacy Policy.

17. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material on or through the System infringes your copyright, please notify us immediately using the contact information provided below (a “Notification”). We will forward a copy of your Notification to the person who posted or stored the material in question. Please be aware that, under applicable law, you may be liable for damages if you make false claims in your Notification. If you are uncertain whether the material infringes your copyright, we recommend consulting with an attorney before submitting a Notification.



18. TERM AND TERMINATION

These Terms of Service will remain in effect while you use the System. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the System (including blocking certain IP addresses) to any person for any reason or no reason, including, but not limited to, breaches of any representation, warranty, or covenant in these Terms of Service or applicable laws and regulations. We may terminate your use or participation in the System, or delete your account and any content or information you have posted, at any time, without warning, and in our sole discretion.


If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive relief.



19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the System at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our System. We also reserve the right to modify or discontinue all or part of the System without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the System.


We cannot guarantee that the System will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the System, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the System at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the System during any downtime or discontinuance.


We may also add new features, fix bugs, and make improvements to the System. Users may be notified of such changes through the System. If we plan to pause the System for scheduled maintenance, we will send an email notification to inform you of the maintenance and the expected downtime. Nothing in these Terms of Service will be construed to obligate us to maintain and support the System or to supply any corrections, updates, or releases in connection therewith.



20. GOVERNING LAW

These Terms of Service and your use of the System are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes will be resolved in accordance with Delaware law.

DISPUTE RESOLUTION

Informal Negotiations

Before taking formal action, both parties agree to first attempt to resolve any dispute informally for at least 30 days after notifying the other party.


Binding Arbitration

If informal negotiations don't resolve the dispute, it will be settled through binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association (AAA) and the AAA Consumer Rules. The arbitration will take place in Delaware, USA. If the arbitration costs are excessive, we will cover them. The arbitrator's decision can be challenged in court if it doesn’t follow the law.


Court Proceedings

If a dispute goes to court instead of arbitration, it must be filed in the state and federal courts in Delaware. Both parties waive any defenses related to jurisdiction and venue.


Time Limit

Any disputes must be filed within one year of the cause of action. If this section is found to be unenforceable, disputes will be resolved in court as described above.


Restrictions

Arbitration is limited to individual disputes and cannot be combined with other proceedings or handled as a class action.

Exceptions

The following disputes are not subject to arbitration: intellectual property rights disputes, allegations of theft or privacy invasion, and claims for injunctive relief.

22. CORRECTIONS

The system may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change the information on the system at any time without prior notice.



23. DISCLAIMER

The system is provided "as-is" and "as-available." Your use of the system and our services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the system's content or any third-party websites linked to it. We are not liable for any:



We do not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the system or any linked websites. We are not responsible for monitoring any transactions between you and third-party providers. Use your best judgment and exercise caution when engaging with third-party products or services.



24. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the system, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.



25. INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the system; (3) your breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the system with whom you connected via the system. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the system, sending us emails, and completing online forms, you are engaging in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or through the system, satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records initiated or completed by us through the system. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require original signatures or non-electronic records, or that require payments or credits to be made by means other than electronic



28. CALIFORNIA USERS AND RESIDENTS

If you are a resident of California and have a complaint that is not satisfactorily resolved, you may contact the California Department of Consumer Affairs' Complaint Assistance Unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.



29. MISCELLANEOUS

These Terms of Service, along with any policies or rules posted on the System, represent the entire agreement between you and us. Failure to enforce any part of these Terms does not waive our right to enforce it later. We may transfer our rights and obligations to others at any time. We are not liable for any loss or delay caused by circumstances beyond our control. If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will still apply. These Terms do not create a partnership, employment, or agency relationship. You agree that these Terms will not be interpreted against us because we drafted them. You also waive any objections based on the electronic nature of these Terms and the absence of physical signatures.



30. CONTACT US

In order to resolve a complaint regarding the System or to receive further information regarding use of the System, please contact us at:


Beyond Transport, Inc.
P.O. Box: 407 E Ayre St #1117,
Wilmington, DE 19804
United States
Phone: +1 630-755-0225
contact@beyondtransport.com