Portal End User License Agreement
A. Agreement. By accessing or otherwise using this website, you agree to be bound by the terms of this End User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, do not use or access this website.
B. What this EULA Covers. This EULA covers the FreightMonster PortalTM Web-based software program and may include associated media, hardware, printed materials, and electronic documentation (collectively, the “Web-based Program”). The Web-based Program also includes any updates and supplements to the original Web-based Program provided to you by Freight Monster Inc (the “Company”) through this site.
C. Meaning of “You.” If the person accessing this Web-based Program is an individual using it for his or her own purposes, “you” means the person using this software. If the person accessing this Web-based Program is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person) then “you” means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences.
D. The Parties to this EULA. This EULA is a legal agreement between you and Freight Monster Inc, a Montana corporation with offices at 312 Oertli Lane, Hamilton, Montana 59840, USA.
E. Nature of this EULA. The Web-based Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web-based Program is licensed, not sold.
1. GRANT OF LICENSE.
The Company grants to you a nonexclusive license to use the Web-based Program as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the Web-based Program. This is not a seat- or session-based license. Once a natural person begins use of the Web-based Program, the license is permanently associated with that named natural person and no other person may use the Web-based Program without procuring from the Company another license for that other person.
You may make the URL and Web-based Program available to natural persons, provided that one such license is bound to one person and that each person who uses the Web-based Program made available by you agrees to this EULA. If any person to whom you make available the Web-based Program is not bound by the EULA, you will be responsible for any violations of this EULA or of applicable law by that person as though that person was your agent acting on your express instructions.
If you distribute the URL or Web-based Program to natural persons using a centralized server, web application, or otherwise, you must have in place measures reasonably calculated to limit the number of natural persons using the Web-based Program to the number of licenses granted by the Company. In any case, you must make available your books, records, facilities, and systems for audit by the Company and/or its agents so that the Company can verify your compliance with the terms of this EULA.
By accessing and using the Web-based Program, you agree to pay all fees charged by the Company for services provided via the Web-based Program. All payments made to the Company shall be in accordance with the Company’s then current payment policies and procedures. You also agree to defend and indemnify the Company from and against any and all claims arising as a result of your negligence, recklessness or intentional misconduct.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Individual User Accounts. Every person who accesses the Web-based Program must do so with a single named user account that is personally associated and only used by him or her.
Registration Requirements. In consideration of your use of this website and the Web-based Program, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being “Your Data”). If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the website or Web-based Program, or any portion thereof.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Web-based Program.
Separation of Components. The Web-based Program is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by the Company or its designated suppliers.
Rental or Sale. Without exception, You may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the Web-based Program or otherwise charge any type of access fee to users in exchange for access to the Web-based Program.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of the Company.
No Support. The Company shall have no obligation to provide any product support for the Web-based Program unless the Company expressly agrees in writing to provide such support.
Termination. Without prejudice to any other rights, the Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately stop accessing the Web-based Program and destroy all copies of the Web-based Program and all of its component parts in your possession or under your control.
No Back Solicitation. As a user of the Web-based Program, you agree that you will NOT engage directly or indirectly in back-solicitation as a result of any information obtained by the use of the Web-based Program. Should the Company determine you have engaged in back-solicitation, the Company reserves the right to immediately and permanently terminate this EULA and may seek financial compensation plus other damages.
Except for the limited license rights granted in this EULA, all right, title, and interest in and to the Web-based Program (including, but not limited to, any images, photographs, animations, video, audio, music, text, computer code or applets incorporated into the Web-based Program), the accompanying printed materials, if any, and any copies of the Web-based Program are owned by the Company. All rights in and to the content that may be accessed through use of the Web-based Program is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants no rights to use such content. All rights not expressly granted are reserved by the Company and/or the owner(s) of the Web-based Program or other materials.
4. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Web-based Program and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Freight Monster Inc, 312 Oertli Lane, Hamilton, Montana 59840, USA.
5. EXPORT RESTRICTIONS.
You may not export or re-export the Web-based Program, any part thereof, or any process or service that is the direct product of the Web-based Program (the foregoing collectively referred to as the “Restricted Components”), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges.
6. LIMITED WARRANTY AND EXCLUSIVE REMEDIES
Limited Warranty. The Company warrants solely to the person who directly acquires each license from the Company (and not to any transferee of the person who directly acquires each license from the Company) that the Web-based Program will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date on which you “accept” this license. Where the Web-based Program is provided to you for use by others, the warranty period begins to run when you first “accept” this license, regardless of whether and/or when any other person uses the Web-based Program.
Limited Remedies. The Company and its suppliers’ entire liability and your exclusive remedy shall be, at the Company’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the Web-based Program that does not meet the limited warranty. This limited warranty is void if failure of the Web-based Program has resulted from accident, abuse, misapplication, or failure to follow the instructions or documentation. Any replacement Web-based Program will be warranted for the remainder of the original warranty period. Outside the United States, neither these remedies nor any product support services offered by the Company are available without proof of purchase from an authorized international source.
No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, THE COMPANY PROVIDES THE WEB-BASED PROGRAM AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND THE COMPANY MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB-BASED PROGRAM OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB-BASED PROGRAM OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY’S ENTIRE LIABILITY (i) UNDER ANY PROVISION OF THIS EULA, (ii) BASED ON YOUR USE OF THE WEB-BASED PROGRAM AND (iii) FOR ANY AND ALL SERVICES PROVIDED VIA THE WEB-BASED PROGRAM SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEB-BASED PROGRAM LICENSE OR $5.00.
Magnuson-Moss Warranty Act and Similar Law. It is the understanding of the Company that the Web-based Program, as a software product, is not subject to the Magnuson-Moss Warranty Act or any other similar state or federal law. Solely in the case that such law is held to apply to the Web-based Program:
1. This limited warranty gives you specific legal rights. You may have other rights that vary from state/jurisdiction to state/jurisdiction;
2. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the limitations above may not apply to you;
3. Because some states/jurisdictions do not allow the exclusion or limitation of certain finds of liability, some or all of the above limitations on liability may not apply to you.
7. GOVERNING LAW; VENUE
This EULA is governed by the laws of the State of Montana and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this EULA, you may do so only in the Montana state courts sitting in Gallatin County, Montana or in the United States District Court for the District of Montana.
8. ENTIRE AGREEMENT; SEVERABILITY
This EULA (including any addendum or amendment to this EULA that is included with the Web-based Program) is the entire agreement between you and the Company relating to the Web-based Program and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Web-based Program or any other subject matter covered by this EULA. To the extent the terms of any the Company’s policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The Company reserves the right to change this licensing agreement at any time. The current version of this agreement shall be posted at all times at FreightMonster Legal.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT BY USING THE WEB-BASED PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS, IF ANY, BETWEEN THE COMPANY AND YOU SIGNED BY BOTH THE COMPANY AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.