Terms of Use
These Terms of Use describe the terms on which you may access Cargo Nerd Products (“Cargo Nerd Products”), which includes but is not limited to products created and/or owned by Cargo Nerd, LLC such as this Website, a client login portal, phone applications, web applications, or other software. Nothing contained herein shall be deemed to confer any third-party rights or benefits. In the event you don’t agree to be bound by these Terms of Use, please do not access Cargo Nerd Products.
Reservation Of Right
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on this website. Your use of Cargo Nerd Products indicates your acceptance of any amended Terms of Use.
Cargo Nerd Products Access Eligibility
Eligibility to use Cargo Nerd Products is not automatic, and all decisions regarding your eligibility to utilize Cargo Nerd Products are made solely and exclusively in the discretion of Cargo Nerd, LLC, its affiliated and subsidiary companies, including subsidiaries of affiliated companies, an Iowa Limited Liability Company, (“Cargo Nerd”). You agree not to contest any eligibility determination made by Cargo Nerd.
Cargo Nerd Products Content
Cargo Nerd Products can be provided as a convenient method for authorized users to access data related to services provided to you by Cargo Nerd. Either you or Cargo Nerd may upload data and materials to a restricted client account through Cargo Nerd Products functionality, however, you may only upload data related to requested services to be provided, or services currently provided, by Cargo Nerd. Cargo Nerd Products may not be used to back-up ordinary materials or other records maintained by the Client. Cargo Nerd Products contain a variety of information and content, including (1) copyrighted material, such as information, text, graphics, images, processed data analysis, software, compilations, designs, and graphical interface; (2) trademarks, logos, service marks, and trade identities, whether registered or unregistered (“Trademarks”); and (3) other forms of information and intellectual property of Cargo Nerd (“Content”).
Ownership
All right, title, and interest in and to the Content, with the exception of data specifically excluded per the terms and conditions of a Client’s specific service agreement or user agreement, available via Cargo Nerd Products is the property of Cargo Nerd, and is protected by U.S., and/or international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms of Use, or as expressly provided by the licensing rights granted under the Client’s specific service agreement, survey agreement, or user agreement, as applicable.
Cargo Nerd Products Availability
While we strive to keep the Content of Cargo Nerd Products accurate, complete and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content is accurate, complete or applicable to you. Cargo Nerd does not guarantee uninterrupted or error-free operation of Cargo Nerd Products or any portion thereof and will use reasonable efforts to maintain its operation and availability.
Scope Of Use
You agree to use Cargo Nerd Products solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances, and the like applicable to your use of Cargo Nerd Products. We grant you a non-exclusive, non-transferrable, revocable, limited license to view, download, copy, and print Content retrieved from Cargo Nerd Products only for your personal use. Any unauthorized use of any Content from Cargo Nerd Products may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Accuracy Of Your Information
You will access Cargo Nerd Products with your User ID, password, and other credentials and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to Cargo Nerd Products. You agree to provide true, accurate, current and complete information requested by Cargo Nerd.
Password Obligations
You agree to accept responsibility for all activities that occur under your User ID and password. You are responsible for maintaining the confidentiality of your password, and for restricting access so that others may not access your Cargo Nerd Products under your User ID and password. You agree to immediately notify Cargo Nerd of any unauthorized use of your User ID or password or any other breach of security which may affect your Cargo Nerd Products. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
Disclaimer Of Warranties
You understand and agree that Cargo Nerd Products and all Content on it is provided on an “As Is,” “As Available” basis and without warranties of any kind, either express or implied. Cargo Nerd expressly disclaims all warranties, representations, and undertakings of any kind, whether express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation Of Liability
You agree that Cargo Nerd is not liable to you for any loss or damages of any kind, including, any direct, indirect, special, incidental, exemplary, punitive, consequential or economic damages, whether based in tort, contract, strict liability, or otherwise, including any loss or damages arising out of or in any way connected with or relating to your use of Cargo Nerd Products, or with the delay or inability to use Cargo Nerd Products, or for any information, content, products, and/or services obtained through Cargo Nerd Products.
Payment For Cargo Nerd Products
You understand that use of the Cargo Nerd Products may result in charges to you for the services or goods you receive (“Charges”). Cargo Nerd LLC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges.
Charges paid by you directly or through an escrow account are final and non-refundable, unless otherwise determined by Cargo Nerd LLC, upon request.
As between you and Cargo Nerd LLC, Cargo Nerd LLC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of Cargo Nerd Products at any time in Cargo Nerd LLCs sole discretion. Further, you acknowledge and agree that Charges may increase substantially during times of high demand. Cargo Nerd LLC may use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof. Cargo Nerd LLC may from time to time provide promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Cargo Nerd Products, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Cargo Nerd Products or the Charges applied to you. Cargo Nerd LLC may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers with a transaction fee collected by Cargo Nerd LLC, and Cargo Nerd LLC will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider.
Modification Or Suspension Of Cargo Nerd Product Access
Cargo Nerd reserves the right, in its sole discretion, to modify or discontinue Cargo Nerd Products, or any portion of Cargo Nerd Products, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to Cargo Nerd Products or any portion of Cargo Nerd Products.
Violation Of Terms Of Use
Any violation of these Terms of Use may result in restriction or termination of your access to all or part of Cargo Nerd Products and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by an authorized representative of Cargo Nerd.
Governing Law These Terms of Use shall be governed by the laws of the State of Iowa, without giving effect to conflicts of law analysis, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the American Arbitration Association (“AAA”), and agree to binding arbitration before the AAA in Des Moines, Iowa, for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
