PLEASE REVIEW THIS DOCUMENT CLOSELY BEFORE ACCESSING AND USING THE WEBSITE, APP, AND SERVICES as these Terms of Use (“Terms”) provide the requirements for your access, from within the United States, of content, products, and services through our website, application, software, and platforms (collectively, the “Services”) made available in the United States by MOVED. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms. In these Terms, the words “including” and “include” mean “including, but not limited to.” The word “Affiliate” means any person or entity of any kind, including a corporation, partnership, limited liability entity, trust, or association, that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, MOVED. The term “control” as used herein (including the terms “controlling”, “controlled by”, and “under common control with”) means the possession, directly or indirectly, of the power to (i) vote more than fifty percent (50%) of the outstanding voting securities of such person or entity, or (ii) otherwise direct management policies of such person or entity, by contract or otherwise.
If you do not agree to these Terms, you may not access the Services. Other than with respect to any applicable services agreement (a “Services Agreement”) with MOVED, to the extent that any prior agreements or arrangements with you are inconsistent with these Terms, these Terms expressly supersede such prior agreements or arrangements. For the avoidance of doubt, terms contained in any other with MOVED, as applicable, are controlling on the parties to the extent these Terms do not cover or are inconsistent with the terms of any such agreement. Your use of the Services may also be governed by additional terms and conditions provided in any agreement with MOVED.
MOVED may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Services any portion thereof, at any time for any reason. We may change these Terms from time to time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed on the page as the new effective date. These Terms will remain in full force and effect while you use the Services. We may terminate these Terms at our discretion.
Our collection and use of personal information in connection with the Services is as provided in MOVED Privacy Policy, which can be found at *INSERT LINK HERE*”.
YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Subject to your compliance with these Terms, MOVED grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable right to access and use the Services. Any rights not expressly granted herein are reserved by MOVED. You agree not to use the Services or content located on the MOVED website, application, software, or platforms to violate any applicable law, regulation, or these Terms.
You shall not (and shall not permit any third party to) directly or indirectly: (a) sublicense, sell, transfer, assign, distribute or otherwise grant or enable access to the application programing interface (“API”), API specifications or keys, or Services, in a manner that allows anyone to access or use the Services that is not an authorized by MOVED, or to commercially exploit any right, title and interest held by MOVED and its Affiliates in any intellectual property and other proprietary rights in technology, software, design, and similar data relating to or incorporated in the Services and any associated physical or electronic documentation or information arising out of the foregoing (the “Company IP”); (b) use the Company IP to provide, or incorporate the Services into, any product or service provided to a third party; (c) use the Company IP to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code except to the extent expressly permitted by applicable law (and then only upon advance notice to MOVED); (e) copy, modify or create any derivative work of Company IP; (f) remove or obscure any proprietary or other notices contained in the Services or Company IP; or (g) publicly disseminate performance information regarding the Services; further, you shall not (and shall not permit any third party to) access or use the Services: (i) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights and/or in violation of applicable laws; (ii) to send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, or agents; (iii) in a manner that interferes with or disrupts the integrity or performance of the Services (or the data contained therein); (iv) to gain unauthorized access to the Services (including unauthorized features and functionality) or its related systems or network; or (v) disable or bypass the measures that MOVED may use to prevent or restrict access to the Services. MOVED expressly reserves the right to terminate or suspend the Services if you have partaken in or violated these Terms.
The Services and all rights therein are and shall remain MOVED’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited right to access and use granted above; or (ii) to use or reference in any manner MOVED’s company names, logos, product and service names, trademarks or services marks.
You hereby acknowledge that MOVED may, from time to time, establish general practices and limits concerning the use of the Services. You further acknowledge and agree that MOVED reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
A “carrier,” as used in this Privacy Policy, means a motor carrier as defined by 49 USC § 13102(14) with authority issued by the federal and applicable state governments to haul freight for hire.
For purposes of these Terms, “driver” shall mean those motor carrier employees, contractors, owner-operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier.
In no way does MOVED warrant or represent that the motor carrier or its drivers will render the transportation services free from error, nor does MOVED assume responsibility or liability for any actions inactions of the motor carriers or its drivers. You understand that MOVED does not warrant or represent that the Services will work as intended, meet your requirements, prevent fraud, cargo loss, or other claims.
MOVED may, in its sole discretion, permit you to submit, upload, publish or otherwise make available through the Services certain information, including, data, files, including hypertext markup language files, documents, audio and visual information, graphics, scripts, programs, applets or servlets that you create, install, upload to or transfer in or through the Services or provide in the course of using the Services (“User Data”). The Services may include features that allow you to share information and User Data with other users of the Services. Please be respectful and mindful of the information and User Data that you share with other users. MOVED is not responsible for the accuracy of User Data shared by you or information shared to you in connection with the Services. MOVED may view and monitor the information contained in the User Data at any time and from time to time. However, MOVED has no obligation to monitor the content of User Data and may disclose any information necessary or appropriate to satisfy our legal obligations, to protect MOVED, or its users, or to operate the Services properly. MOVED reserves the right, in its sole discretion, to remove any User Data, in whole or in part, alleged or determined by MOVED in its sole discretion to be unacceptable, undesirable, inappropriate, or in violation of these Terms. By accepting these Terms, you hereby grant to MOVED a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display User Data to the extent necessary to provide the Services. MOVED may from time to time, at its sole discretion, use certain User Data to improve its product offerings and the Services (“User Data Product”). Within a reasonable time thereafter, MOVED will delete User Data, except for User Data Product. You may request to delete your User Data at any time by visiting MOVED.app and completing the request for User Data deletion found on the website. Notwithstanding the foregoing, you understand that MOVED may retain copies of User Data in regular backups or as required by law, which will remain subject to customary confidentiality standards, including those set forth in the Privacy Policy and any applicable Services Agreement. In addition, MOVED will have the right to use or act upon, without any obligation for compensation, any suggestions, ideas, enhancement requests, feedback and recommendations provided by you relating to the software or Services (collectively, “Feedback”). By agreeing to these Terms, you hereby grant to MOVED a non-exclusive, unrestricted, perpetual, worldwide right and license to use or act upon the Feedback provided by you relating to the software, Services, these Terms or the business of MOVED or its service providers, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. For the avoidance of doubt, MOVED has not agreed and does not agree to treat as confidential any Feedback provided in connection with the Services, and nothing in these Terms will restrict MOVED’s right to use, profit, disclose, or otherwise exploit Feedback, without compensating you.
When you upload and/or download User Data in connection with your use of the Services, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, MOVED cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; (b) access to your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be bypassed, breached, or otherwise jeopardized.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Data and Feedback or you have all rights, licenses, consents and releases necessary to grant MOVED the license to the User Data and Feedback as set forth herein; and (ii) neither the User Data, Feedback, nor your submission, uploading, publishing or otherwise making available of such User Data and Feedback, nor MOVED’s use of the User Data and Feedback as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Data that is unlawful, obscene, violent, or otherwise offensive, as determined by MOVED in its sole discretion, whether or not such material may be protected by law. You further agree to not interfere with, disrupt, or attack any of the Services or distribute material that is or enables malware, spyware, adware, or other malicious code. MOVED may, but shall not be obligated to, review, monitor, or remove User Data, at MOVED’s sole discretion and at any time and for any reason, without notice to you.
Upon termination of these Terms, MOVED will not be liable to you for any liability relating to the deletion of User Data provided to MOVED in connection with the Services or otherwise.
You agree that MOVED may from time to time provide automatic and voluntary account related alerts. Automatic alerts may be sent to you following certain changes made to your account, such as a change in your account information. MOVED may also deliver alerts to your computer, mobile phone, or other device using the Services you select regarding promotions, sales advertisements, and other information based on your preferences and the operation of the Services. Voluntary account alerts may be turned on by default as a part of the Services. Voluntary account alerts may be customized, deactivated, or reactivated by you. These alerts allow you to choose the messages sent to you regarding your accounts. MOVED may add new alerts, cease to provide certain alerts, or make other changes to its processes of the transmittal of alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon the activation of the Services or upon your downloading of MOVED application(s).
You further agree that MOVED may contact you by telephone, e-mail, text messages, or through other means of messaging provided on MOVED’s website or app, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any goods or services. You also understand that you may opt out of receiving messages from MOVED at any time by contacting us at *INSERT EMAIL*. You further understand that should you opt-out of certain means of contact, MOVED may not be able to provide Services to you, or support in connection with Services. If your e-mail address, phone number, or other contact information related to your account changes, you are responsible for informing us of that change. Changes to your email address or mobile phone number will apply to all of your alerts.
You agree (i) to maintain the security of your website and/or app user identification name, password, and other confidential information relating to the Services and/or the accounts, which you have been granted access relating to the Services; and (ii) to notify MOVED as soon as reasonably practicable of any real or suspected unauthorized use of such accounts. The Services may contain links to third party websites, services, and advertisements. MOVED is not responsible for the conduct, representations, offers, or proposals for offers that may be made by third parties publishing advertisements through the Services.
YOU HEREBY WAIVE AND RELEASE MOVED, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, AND AGENTS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OF THE SERVICES OR THIRD PARTIES.
MOVED DOES NOT REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPED OR ERROR FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, DETECT OR PREVENT FRAUD, CARGO LOSS, OR OTHER CLAIMS, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY MOVED, THE OPERATION OF THE SERVICES WILL BE SECURE, OR THAT MOVED AND ITS THIRD PARTY VENDORS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING YOUR DATA OR YOUR CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY OF YOUR STORED DATA OR OTHER STORED USER DATA WILL BE ACCURATE OR RELIABLE. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR COMMERCIAL USE ONLY. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE YOUR PURPOSES. MOVED MAKES NO WARRANTIES AND WILL HAVE NO RESPONSIBILITY WITH RESPECT TO THE RESULTS OF ANY ACTION YOU, OTHER USERS, OR ANY THIRD PARTY MAY TAKE BASED ON THE USER DATA OR USE OF THE SERVICES, AND MOVED WILL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM ANY USE OF SUCH INFORMATION OR RESULT. ADDITIONALLY, ALL THIRD-PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND BY MOVED. MOVED MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY INFORMATION, OR AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SAME.
YOU AGREE TO INDEMNIFY AND HOLD MOVED ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES AND YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS.
MOVED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MOVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ERRORS OR DELAY IN THE SERVICES, (iii) YOUR INABILITY TO BOOK, ACCEPT, MODIFY, MONITOR, OR TAKE ANY OTHER ACTIONS WITH RESPECT TO THE SERVICES OR OTHERWISE, OR (iv) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MOVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVED SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR LOSS/THEFT OF CARGO. IN NO EVENT SHALL MOVED BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES OR OTHERWISE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION.
By acceptance of the Terms, you agree to resolve through final and binding arbitration any claim between you and MOVED (including its Affiliates, and their respective officers, directors, shareholders, members, managers, partners, representatives, consultants, and agents), regarding any aspect of your use of the Services, including these Terms and other policies incorporated here by reference (collectively, “Disputes”). You agree to submit to a single arbitrator at the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules.
You further agree that the Federal Arbitration Act governs the arbitrability of all Disputes between you and MOVED. The arbitrator will decide whether the Dispute can be arbitrated. You and MOVED agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving other persons in any proceeding against MOVED.
MOVED respects the intellectual property rights of its users and others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, MOVED will respond expeditiously to claims of copyright infringement committed through the use of the Services. Claims of copyright infringement should include the following information: (i) identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website(s) where such material may be found; (iii) provide your mailing address, telephone number, and, if available, email address; (iv) include a statement that the information in the notification is accurate under penalty of perjury and that you are authorized to act on behalf of the copyright owner; and (v) provide your full legal name and your electronic or physical signature.
These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Effective Date: 8/26/2024