Terms and Conditions (“Terms”)
Last updated: Jan 05, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.loadtap.com website, Loadtap Android and iOS applications, and any software (together, or individually, the “Service”) made available or operated by Loadtap, Inc. (“us”, “we”, “our”, or “Company”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Loadtap, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Loadtap, Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Loadtap, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Loadtap, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Loadtap, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Loadtap, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Loadtap, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Loadtap, Inc. on a case-by-case basis and granted in sole discretion of Loadtap, Inc..
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Loadtap, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Loadtap, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Use of Location Services
The Loadtap, Inc. Applications allow you, your employer or the entity that has requested Loadtap, Inc. to provide you access to the Loadtap, Inc. Applications to obtain your location via web pages, voice based interaction with IVR systems, API interactions and other means and conduct location-sensitive searches for business listings, maps and driving directions and receive real-time voice-based, SMS-based and browser-based responses, depending on your cellular carrier, wireless device and mGT access means. Subject to your compliance with these Terms, you will be allowed to access and use the Loadtap, Inc. Applications and any upgrades, modifications, or additions thereto. By agreeing to these Terms, you expressly consent to your location being obtained through the Loadtap, Inc. Applications.
Our service uses location services to track order status and location during the time a load is active. No tracking is performed in-between trips or loads. When using location services, your personally identifiable information (phone number, etc) is only stored while the order is in transit.
You remain solely responsible to obtain any hardware, firmware, third-party software and any broadband, telephone, wireless, or internet services required to access the Loadtap, Inc. Applications. A complete description of the Loadtap, Inc. Applications is available at http://www.loadtap.com
In addition, the Loadtap, Inc. Applications utilize, and makes available to you, data licensed from a number of third-party content providers (collectively the “Content”). This Agreement may include end-user terms required by these companies (set forth at the end of this Agreement, if any), and thus your use of the Loadtap, Inc. Applications is limited by and subject to such terms.
Loadtap, Inc. reserves the right to make any changes to the Loadtap, Inc. Applications including without limitation by adding or removing any features. Loadtap, Inc. may modify this Agreement at any time by posting an updated version to the above web page. You should visit http://www.loadtap.com/terms from time to time to review the then current terms for the Loadtap, Inc. Applications because they are binding on you. By continuing to use the Loadtap, Inc. Applications, following any modification of this Agreement, you accept and agree to be bound by such modification. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of the Loadtap, Inc. Applications.
Location Data Security
We’ve implemented technology and security features and strict policy guidelines to safeguard the privacy of your location information, including:
- Maintaining and protecting the security of computer storage and network equipment;
- Security procedures that require user names and passwords to access sensitive data;
- Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
- Limiting access to location information to only those with jobs requiring such access.
- Although we strive to keep your location information secure, no security measures are perfect, and we cannot guarantee that your location information will never be disclosed in violation of these terms (for example, as the result of unauthorized acts by third parties that violate the law).
Use of Text Messaging
Message and Data rates may apply. Certain Loadtap, Inc. Applications utilize text messaging services. Users will receive text messages from 77259. Applications use text messaging for privacy consent and notification as well as delivery of service alerts and content. Messages will be sent up to 10 times a month based on your profile and proximity to stores. When you use these services, you may be subject to messaging and data charges from your wireless carrier, depending on your wireless data plan and rates.
To cancel location services and receipt of text messages associated with Loadtap, Inc. Applications, you may reply STOP or END to any message received from Loadtap, Inc. If opted-in to multiple message alerts, you may reply STOP ALL to no longer receive any alerts. You may also send a message using one of these words to the associated short code or long code at any time.
To obtain help for the location services or text messaging services associated with Loadtap, Inc. Applications, or to access these terms, you may reply HELP to any messages received from Loadtap, Inc. You may also text HELP to the associated short code or long code at any time. Contact Loadtap, Inc. at email@example.com for further assistance.
Loadtap, Inc. messaging campaigns are structured in accordance with industry best practices from the Mobile Marketing Association (MMA).
You also have an option to use Interactive Voice Response (IVR) opt-in process. To sign-up please call 1-XXX-XXX-XXXX. After you hang up, an outbound call will be made to your mobile device. Press 1 to activate and begin location service of your mobile phone. To cancel: Press 2 to discontinue location service. For Help or Support email: firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Loadtap, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Loadtap, Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Loadtap, Inc..
Loadtap, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Loadtap, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Loadtap, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Loadtap, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Limitations of Service and Accuracy of Data
You expressly agree that (a) Loadtap, Inc. provides an approximate location of your mobile device and does not guarantee any results; (b) results from Loadtap, Inc. may not be accurate, timely or reliable; (c) use of Loadtap Inc. and any requested Location Information is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellites and satellite data; (d) Loadtap, Inc. is subject to your mobile device being turned on, charged and within your underlying wireless carrier’s coverage area, among other factors; and (e) Loadtap, Inc. may be limited to mobile devices located in the United States; (f) Carriers are not liable for delayed or undelivered messages.
Loadtap location service is available only on North America’s Tier 1 carriers – AT&T, T-Mobile, Sprint, Verizon – and a few Tier 2 carriers – US Cellular, Metro PCS, Boost, and Virgin Mobile. The location service will not be available if the phone is roaming or is turned off. Other Network Carriers will be added as they become available.
Location Data Storage & Retention
All customer data will be used only by Loadtap, Inc. to provide these services. We will not pass-on or re-sell your data to any third party. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. This information is retained in memory 3 months to determine and send the appropriate message and is never stored in a persistent format and is accessible only by the service for determining location and triggering available shipping orders.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Loadtap, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com.