Terms and Conditions

Updated: Feb 2024

1. Agreement to Terms and Conditions:

By using our website and its services, you agree to comply with the guidelines outlined in these Terms and Conditions. If you disagree with these regulations, please cease using the site immediately.

The Terms and Conditions constitute a binding agreement between you and FreightWatch360, governing the utilization of our website and services. Any modifications to these terms will be communicated by updating the date at the top, and it is your responsibility to stay informed of any updates.

2. Account Information:

To utilize our services, including both free and fee-based features, registration with accurate personal and company information is required. Safeguard the confidentiality of your account details, report any suspected unauthorized use immediately to us, and assume responsibility for any damages resulting from unauthorized access to your account.

3. Use of FMCSA Data:

We use data from the Federal Motor Carrier Safety Administration (FMCSA), but we disclaim responsibility for its accuracy or any consequential impact on your business decisions.

4. Changes to Site and Services:

We continuously strive to enhance our website and services. We may introduce changes or discontinue certain features, and we will notify you if it significantly affects your site usage.

5. Ownership of Content:

All content on our site, including trademarks and intellectual property, is owned by FreightWatch360. While you may use the site for personal, non-commercial purposes, copying or utilizing our content without permission is prohibited.

6. Access to Site:

To join, you must apply for a trial account. We can refuse applications at any time at our discretion.

7. Fees and Payment:

There is a monthly, recurring fee for our services; you agree to keep payment information current and accurate. Prices may change at any time, and we will notify you prior to a price change.

8. Cancellation:

You have the right to terminate your account at any time. Charges are non-refundable, and cancellation is effective immediately.

9. Prohibited Activities:

You must only use the site for its intended purpose. By using the site, you warrant that you will not use it for any of the following:

- Sharing your account information with anyone  
- Using the site for any illegal activity or using the services in violation of any applicable law  
- Sharing data, reports, or any other information in the platform with any third party that is not authorized to be on the platform, such as, but not limited to: freight brokerages, carrier companies, factoring    companies, dispatch services, compliance services, outsourcing services, staffing agencies.  
- Threatening, blackmailing, slandering, harassing, impersonating, hacking, libeling others; including us.  
- Duplicating, selling, replicating, disseminating, renting, granting sub-licenses, or transferring in any other manner, the Products or Services, or the access to them, along with any reports or data produced    as a result.  
- Retrieving data or any content from the Site for the purpose of creating, directly or indirectly, a collection, compilation, database, or directory is strictly prohibited without our written permission.

10. User Content and Input:

The site allows you to contribute text, photos, documents. By using the site and the services and features, the information you contribute may be seen by others and is no longer private.

When you contribute, you ensure that:  
- Your contributions don't violate anyone's rights.  
- You own or have permission to use what you share.  
- You have the necessary permissions from people in your contributions.  
- Your contributions are truthful and not misleading.  
- Your contributions follow the rules listed, like not being offensive or violating laws.  

Violating these rules could lead to your account being suspended or terminated.

11. User Generated Data and Content:

When you post on the site, you're giving the site permission to use, share, and modify your content for various purposes. By sharing your content on our site, you confer, and you assert and guarantee that you have the right to confer on your organization’s behalf, to an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global right, and license This license encompasses hosting, using, copying, reproducing, disclosing, selling, reselling, publishing, broadcasting, re-titling, archiving, storing, caching, publicly performing, publicly displaying, reformatting, translating, transmitting, excerpting (in whole or in part), and distributing your content and input. This includes your image and voice, serving any purpose, be it commercial, advertising, or otherwise.

12. Guidelines for Reviews and Reports:

Our site allows you to post reviews, ratings, and reports. When contributing such information, adherence to the following guidelines is imperative:  

1. You must have had experience with the company in question before posting a review or report.  
2. Your reviews or reports must refrain from containing offensive profanity, abusive language, racist remarks, offensive content, or hate language.  
3. Posting false or misleading statements is prohibited and may result in the termination of your account.  
4. Reports should be founded on documented, provable, verifiable facts rather than opinions.

We retain the right to accept, reject, or remove reviews, reports, and similar information at our sole discretion. Reviews and reports do not carry our endorsement, and they may not necessarily reflect our opinions or the perspectives of any affiliates or partners. We disclaim any liability for reviews or reports and any resulting claims, liabilities, or losses. By posting a review or report, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensee right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews or reports.

13. User Submissions:

Any content submitted becomes our property, and we may use it without restriction. You acknowledge that you have no claim against us for any perceived or actual infringement or misappropriation of any proprietary rights associated with your submissions.

14. Third-Party Websites and Links:

The site may link to other websites or share content from third parties. We are not responsible for third-party content, and your use of such sites is at your own risk. You agree to hold us harmless from any damage caused by your purchase, or use of any products or services of third party sites.

15. Site Management:

We retain the right to manage the site, including monitoring compliance, taking legal action against violators, and removing content that burdens our systems.

16. Privacy Policy:

Your use of the site is subject to our Privacy Policy.

17. Termination of Accounts:

We reserve the right to terminate your account for any reason at any time without notice, at our sole discretion. If we terminate your account for any reason, you are not allowed to create a new account, by altering your name, using a different name, or using a third party. We will not issue any refunds for any paid account that we terminate.

18. Changes and Modification of Site, or Content:

We can change, modify, or remove content at any time. We can also suspend or discontinue the site without notice.

19. Governing Law:

Any lawsuit regarding the services provided by FreightCheck411 or the terms and conditions of service shall be filed in accordance with U.S. Federal law and venue in a court of competent jurisdiction in Clark County, Washington.

20. Indemnification:

You agree to protect us, our shareholders, agents, officers, directors, members, subsidiaries from any claims, damages, or expenses that might arise from your use of the site, your posted content, reviews or reports, or if you violate these terms. We reserve the right to take control of any matter regarding our defense, and you agree to cooperate, at your expense, in assisting our defense. We will make a reasonable effort to notify you of any such claims, lawsuits, or legal proceedings.

21. User Data:

While we keep your data, you are responsible for its safety, and we disclaim liability for any loss or corruption.

22. Beta Testing:

Access to beta services is subject to additional agreements. Beta Versions may be discontinued or modified without notice, and users utilize them at their own risk.