Landstar
Mobile Application End User License Agreement
This Landstar Mobile Application End User License Agreement
(“Agreement”) is a binding agreement
between you (“End User” or “you”) and Landstar System Holdings, Inc. on its own
behalf or on behalf of Landstar Affiliates (collectively “Landstar”). A “Landstar Affiliate(s)” is any entity that
controls, is under common control with, or is controlled by, Landstar. This
Agreement governs your use of any of the following: Landstar’s Available Loads App, Landstar Maximizer App, Landstar Connect
App, and/or Landstar One App and
or any other Landstar mobile application on the mobile platform (including all
related documentation, the “App” or “Application”). The Application is
licensed, not sold, to you.
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
2.
License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
4.
Collection and Use of Your Information. You acknowledge
that when you download, install, or use the Application, you authorize Landstar
to and it may use automatic means (for example, cookies and other electronic
means) to collect information about your Mobile Device and about your use of
the Application, including but not limited to, geolocation and/or mapping of
your location, and/or to connect to other devices used by Landstar in
connection with services provided to customers, independent sales agents and/or
transportation capacity providers. You
also agree to acknowledge acceptance of Bluetooth connectivity and grant
Landstar permission to access Bluetooth services through the Application. You
also may be required to provide certain information about yourself as a
condition to downloading, installing, or using the Application or certain of
its features or functionality, and the Application may provide you with
opportunities to share information about yourself with others. All information
we collect through or in connection with this Application is subject to our Privacy Policy (Mobile Applications). By downloading, installing, using, and providing
information to or through this Application, you expressly agreed, acknowledge
and consent to all actions taken by us with respect to your information
(including tracking and geolocation information) in compliance with the Privacy Policy (Mobile Applications).
5.
Content and Services. The Application may provide you
with access to one or more websites of Landstar and Landstar Affiliates
(collectively “Websites”) and products
and services accessible thereon, and certain features, functionality, and
content accessible on or through the Application may be hosted on the Website
(collectively, “Content and Services”).
We will do our best to make it clear whenever Websites are accessed through the
Application, but such linking may not be immediately clear. You expressly
agree, however, that your access to and use of such Content and Services are
governed by the Website’s terms of use and privacy policy if accessed on a
webpage accessible through the Application. Your access to and use of such
Content and Services may require you to acknowledge your acceptance of such terms of use and
privacy policy and/or to register with the Websites, and your failure to
do so may restrict you from accessing or using certain of the Application’s
features and functionality or accessing Content and Services. Any violation of
such terms
of use associated with Content and Services will also be deemed a
violation of this Agreement.
6.
Geographic Restrictions. The Content and Services are
based in the state of Florida in the United States and provided for access and
use only by persons located in the United States, Canada and Mexico. You
acknowledge that you may not be able to access all or some of the Content and
Services outside of the United States, Canada and Mexico and that access
outside North America may not be legal by certain persons or in certain
countries. If you access the Content and Services from outside the United
States, you are responsible for compliance with local laws. Accessing
Content and Services in Canada or Mexico may afford you additional privacy
protections. Please refer to the Privacy Policy (Mobile
Applications) for more information about your privacy rights
in these countries.
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
9. Mandatory FMCSA Compliance. The FMCSA prohibits operators of commercial motor vehicles from using hand-held cell phones while operating their vehicles. You expressly agree that you and your motor carrier operators, subcontracted parties, owner-operators, and your company drivers shall not use a hand-held cell phone while driving, nor shall any such operator of a commercial motor vehicle view or send text messages while driving. You agree to access the Application only when stopped in a safe and lawful manner, and to access the Application in full compliance with all federal and state rules and regulations. You agree that you will use the Application in compliance with all laws applying to the use thereof, including but not limited to state, regional, local and municipal laws and regulations. You shall defend, indemnify and hold Landstar and Landstar Affiliates, officers, directors, employees and agents, harmless from and against any and all losses, liabilities, damages, actions, suits, demands or claims (including, without limitation, amounts paid in settlement and reasonable costs of investigation, attorney’s fees and disbursements) (collectively “Claims”), resulting from your breach of the agreements, representations and warranties made in this Section 9 of this Agreement.
10. The Code of Federal Regulations. 49 CFR §§ 392.80 and
392.82 state the FMCSA’s restrictions on the use of hand-held mobile phones. The
following actions are prohibited while driving a Commercial Motor Vehicle (“CMV”):
• Using at least one hand to hold a mobile
telephone to conduct a voice communication;
• Dialing or answering a hand-held mobile
telephone by pressing more than a single button; or
• Reaching for a mobile telephone in a manner
that requires a driver to maneuver so that he or she is no longer in a seated driving position,
restrained by a seat belt that is installed in accordance with federal regulations
that has been adjusted in accordance with the manufacturer’s instructions.
For
purposes of the rule, “driving” means operating a CMV on a highway, including
while temporarily stopped in traffic because of a traffic control device or
other momentary delay. “Driving” does not include operating a commercial motor
vehicle when the driver has moved the vehicle to the side of, or off, a highway
and has halted in a location where the vehicle can safely remain stationary
(please note, however, that pulling to the side of a highway may not, in some
instances, be allowed under applicable law). The rule is in addition to the
existing federal ban on texting while driving a CMV. Importantly, federal law
prohibits standing, parking or stopping on the side of an interstate highway
unless for an emergency or by directed by police enforcement officials. Other
roads within the United States road system may also have similar restrictions.
11.
Road information
prevails. Any traffic or road-related information provided by the
Application is not intended to replace the information provided on the road,
such as traffic signs, traffic lights, police instructions, etc. You expressly
agree and acknowledge that you will use your senses to observe all road
information and abide by such lawful information regardless of the contents of
the Application.
12. Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have safely stopped your vehicle in an appropriate location permitted by law. You expressly agree and acknowledge that you shall not communicate with Landstar by phone unless a lawful, hands-free device is used, or you are safely stopped.
13. The Internet connection is your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Application, requires an online (Wi-Fi or 3G/4G/5G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You understand that your service provider may apply charges for text and data usage. You agree to pay for all such fees and charges.
14. Location-based service. Some features of the Application make use of detailed location, and may connect with other applications or devices in your vicinity, and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. These features cannot be provided without utilizing this technology. Landstar may use your location and route information to create a detailed location history (“History”) of all of your journeys made when using the Application. You expressly agree and consent to Landstar’s creation of a History. You can choose whether or not to allow the Application to collect and use real-time information about your device’s location through the device’s privacy settings, but location information is required for many of the functionality of the Application, including Content and Services. You may block the use of location information at any time, though if you block the use of location information, the Application may be then inaccessible or not function properly.
15.
History
and User ID. Landstar uses
this History to offer the Application to you, to improve the quality of the
Application it offers to you and to all of its users and to improve the
accuracy of its mapping and navigation data. This History is associated with
your account and user identification (a unique identifier, email
addresses or other combination of characters and numbers used to identify a
user collectively referred to as “User
ID”), if applicable (if you have chosen to set up a User ID).
This History is retained by Landstar for a limited period of time and in
accordance with the Privacy Policy (Mobile Applications).
Landstar allows you to use the Application whether or not you choose to set up
a User ID for yourself. If you choose to use the Application without setting up
a User ID you may do so by skipping the User ID setup stage of the application
installation process. Landstar will still link all of your information with
your account and a unique identifier generated by Landstar in accordance with
the Privacy Policy (Mobile Applications).
Note that in order to access certain features, functionality, including Content
and Services of the Application you will need to set up a User ID.
16. Free software. The Application utilizes software for map displays, updates and road information. With respect to some cellular telephone devices running the software, the software is or may be free software. In such cases you may redistribute the software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Application, its database, Landstar's trademarks, the design of the maps of the Application and functionality, and the voice files integrated in the Landstar proprietary software are not free software.
17.
Independent
contractor/user. You shall
interact with the Application as an independent contractor or independent entity.
Except as expressly provided herein, nothing in this Agreement or the Agreement
makes either party the agent or legal representative of the other for any
purpose whatsoever, nor grants either party any authority to assume or create
any obligation on behalf or in the name of the other party.
18.
Your age.
For the avoidance of doubt, the Application is intended for use by users who
are of the legal age required to hold a commercial motor vehicle operator’s
license. In any case, accounts of users under the age of eighteen (18) years
will be cancelled and deleted by Landstar, upon receiving notice.
19.
Privacy.
Your privacy is important to Landstar. While using the Application,
personal information may be provided by you or collected by Landstar as
detailed in our Privacy Policy (Mobile Applications).
The Privacy Policy (Mobile Applications)
explains our practices pertaining to the use of your personal information and
Landstar asks that you read the Privacy Policy (Mobile
Applications) carefully. By accepting these terms, you hereby
acknowledge and agree to the collection, storage and use of your personal
information by Landstar, subject to this section, the Privacy Policy (Mobile
Applications) and any applicable laws and regulations.
20. Contact us. If you have questions about this Agreement, please send an e-mail to landstarcorpcomm@landstar.com. Landstar will endeavor to respond to your inquiry; our failure to respond, however, does not constitute consent to any matter raised in your inquiry, or any modification of this Agreement.
21.
Transmitting
Transportation Documents. Landstar
provides Operators of Commercial Motor Vehicles (each, a “User”) various options to submit
electronically trip documentation to Landstar. As a User, you may decide at
your sole discretion to elect to use any of the following options if interested
in electronically transmitting trip documentation to Landstar:
(a) DirectScan. Landstar’s “DirectScan” scanning
service enables Users to electronically submit documents to Landstar’s
corporate office and provides confirmation that a User’s paperwork has been
transmitted and received. Features of DirectScan include:
· No need to wait in line to
scan transportation paperwork.
· User’s documents are
transmitted securely in seconds, as soon as a shipment is delivered.
· User can scan documents to Landstar
twenty-four hours a day, seven days a week.
· User can view his/her scanned
and transmitted transportation documents on a personal computer
· User can include the cover
page within DirectScan, so user does not have to print and scan a cover page.
The following charges apply to the use of
DirectScan to submit trip documentation to Landstar:
PROGRAM |
CHARGE |
Electronic Transmission of Trip Documentation via DirectScan |
$1 per freight bill |
For more information about using
this DirectScan feature, please call 888-706-9764.
(b) Transflo®
Mobile+. Transflo® Mobile+ is a mobile scanning solution for speedy document
delivery and provides Users with a new way to
electronically submit trip documentation directly to Landstar using a
smartphone, tablet, phablet or other similar smart device. Transflo®
Mobile+ is currently available for download
through the Apple App Store and the Android App Store. The charges set forth below apply to the use of Transflo® Mobile+ to submit trip documentation to Landstar:
PROGRAM |
CHARGE |
Electronic Transmission of Trip Documentation via Transflo® Mobile+ |
$2 per
freight bill |
More information about
the program is
available online at: https://www.transflo.com/mobile.
(c) Other options. User may,
at its sole discretion, elect to participate in other Electronic Transmission
of Trip Documentation Programs offered by Landstar or other Landstar-approved
vendors. These programs allow Users to send shipment-related documentation
electronically to Landstar from devices capable of interfacing electronically
with Landstar as well as selected truck stops and other participating
facilities and locations. Unless
otherwise provided in writing, a charge of $2.00 per freight bill will apply to
use by User of any other Electronic Transmission of Trip Documentation Programs
offered by Landstar or any other Landstar-approved vendor. In addition, unless
otherwise provided in writing, when sending documents to Landstar
electronically using a service other than DirectScan or Transflo® Mobile+, User
must use a Landstar-provided SCAC Bar Coded Cover Sheet. If User fails to use
the appropriate cover sheet, Landstar is hereby authorized to charge an
additional administrative fee of $0.50 per freight bill.
(d) In connection with the use of DirectScan,
Transflo® Mobile+ and any other Electronic Transmission of Trip Documentation
Program offered by Landstar or a Landstar-approved vendor, User represents and
warrants to Landstar that, to the extent User is not himself or herself under
contract with Landstar in his or her own name, as applicable, User is a duly
authorized representative of and vested with the requisite authority to incur
the charges set forth herein on behalf of the individual, motor carrier, broker
or other entity under contract with Landstar that will incur and be responsible
for all charges set forth herein in connection with the use by User or any
person affiliated with User of DirectScan, Transflo® Mobile+ or any other
Electronic Transmission of Trip Documentation Program offered by Landstar or a
Landstar-approved vendor in which User elects to participate.
(i) all rights granted to you under this Agreement will also terminate; and
(e) Termination will not limit any of Landstar’ rights or remedies at law or in equity.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. LANDSTAR INTENDS TO EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LANDSTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. LANDSTAR INTENDS TO LIMIT ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
31.
Entire Agreement. This Agreement, the Terms of Use (Mobile Applications) and our Privacy Policy (Mobile
Applications) constitute
the entire agreement between you and Landstar with respect to the Application
and supersede all prior or contemporaneous understandings and agreements,
whether written or oral, with respect to the Application.
32.
Waiver. No failure to
exercise, and no delay in exercising, on the part of either party, any right or
any power hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or power hereunder preclude further exercise of
that or any other right hereunder. In the event of a conflict between this
Agreement and any applicable purchase or other terms, the terms of this
Agreement shall govern.
33.
Date. The
date the End User License Agreement was last modified was January 20, 2022.