Last modified: January 3, 2022
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber Freight. These Terms supersede any other agreements with respect to the subject matter of these Terms, except that with respect to any shipper or motor carrier agreement between the shipper or carrier you represent (as applicable) and Uber Freight, such agreement shall not be superseded by these Terms, and to the extent that such other agreement is inconsistent with these Terms, such other agreement will govern. Uber Freight may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof.
You agree to maintain all your login credentials to access or use the Services in confidence and only permit your authorized users to access or use the Services. You are responsible for all activity that occurs under your login credentials.
Uber Freight may amend these Terms from time to time. Amendments will be effective upon Uber Freight’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Please refer to the Uber Freight Privacy Notice located here for information about our collection and use of personal information in connection with the Services.
Subject to your compliance with these Terms, Uber Freight grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by Uber Freight (and its affiliates, as applicable) and Uber Freight’s licensors.
You may not, and may not authorize others to: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber Freight; (iii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Services, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
The Services and all rights therein are and shall remain Uber Freight’s property or the property of Uber Freight’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber Freight’s company names, logos, product and service names, trademarks or services marks or those of Uber Freight’s licensors.
Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER FREIGHT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER FREIGHT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
UBER FREIGHT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER FREIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER FREIGHT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER FREIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER FREIGHT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER FREIGHT’S REASONABLE CONTROL. IN NO EVENT SHALL UBER FREIGHT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
UBER FREIGHT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES (INCLUDING INFORMATION ON THE SERVICES PROVIDED BY USERS OR BY SHIPPERS). UBER FREIGHT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify and hold Uber Freight and its affiliates and its and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; and/or (ii) your breach or violation of any of these Terms.
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) must be solely and finally resolved by confidential and final arbitration between you and Uber Freight, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Uber Freight are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Uber Freight otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) in Chicago, Illinois, San Francisco, California, or other location as determined by Uber Freight. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16).
Prior to initiating an arbitration, you and Uber Freight each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice to Uber Freight must be sent to Uber Freight, Attn: Legal Department, 1515 3rd Street, San Francisco, CA 94158. Neither party shall initiate arbitration until 30 days after the notice is sent.
An award rendered in connection with arbitration pursuant to this Section 4 shall be final and binding upon you and Uber Freight, and judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Transportation and Other Provision
UBER FREIGHT IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY UBER FREIGHT IS A MOTOR CARRIER.
A “motor carrier”, as used in these Terms, means any motor carrier or trucking company, including a motor carrier as defined by 49 USC §13102(14) with authority issued by the federal and/or applicable state governments or a motor carrier with authority issued by any other applicable governmental authority.
Certain Uber Freight entities are federally licensed freight brokers as defined by 49 USC §13102(2) under authority granted by the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.
Text Messaging and Telephone Calls
You agree that Uber Freight may contact you by telephone or SMS messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving SMS messages from Uber Freight at any time, either by replying with the word “STOP” using the mobile device that is receiving the messages.
User Provided Content
Uber Freight may, in Uber Freight’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber Freight through the Services textual, audio, visual or other content and information, including load information, commentary and feedback related to the Services, ratings and reviews (including of motor carriers and facilities), initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber Freight, you grant Uber Freight a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber Freight’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber Freight the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Uber Freight’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber Freight in its sole discretion, whether or not such material may be protected by law. Uber Freight may, but shall not be obligated to, review, monitor, or remove User Content, at Uber Freight’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. Uber Freight does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Notification of Copyright Infringement
It is Uber Freight’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and in recognition of various international copyright laws, Uber Freight will respond expeditiously to notices sent to Uber Freight’s Designated Copyright Agent (identified below) regarding alleged third-party copyright infringements on the Uber Freight website or other Uber Freight-owned and publicly accessible digital properties (the “Site(s)”).
A copyright owner, person authorized to act on behalf of one, or person authorized to act under any exclusive right under copyright may submit allegations of copyright infringements on the Site(s) by completing the following DMCA Notice of Alleged Infringement and delivering it to Uber Freight’s Designated Copyright Agent. Upon receipt of this DMCA Notice, Uber Freight will expeditiously remove or block access to the allegedly infringing content, notify the alleged third-party infringer of the same, and provide the third-party an opportunity to submit a counter-notice to dispute the alleged infringement. If a counter-notice is submitted, Uber Freight will promptly forward it to the complainant and restore the removed or blocked content within 10-14 business days, unless the complainant submits evidence that it has filed a lawsuit against the alleged third-party infringer regarding the allegedly infringing content.
DMCA Notice of Alleged Infringement (“DMCA Notice”)
- Identify the copyrighted work that has been infringed, or – if multiple copyrighted works are covered by this DMCA Notice – provide a representative list of the copyrighted works that have been infringed.
- Identify the infringing content and provide sufficient information for Uber Freight to locate the infringing content, including, if applicable, the URL(s) of the Site(s) where the content may be found.
- Provide contact information, e.g., mailing address, telephone number, and email address, of the person submitting this DMCA Notice (e.g., the copyright owner or copyright owner’s agent).
- Include both of the following statements in the body of the DMCA Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide the full legal name and an electronic or physical signature of the person submitting this DMCA Notice (e.g., the copyright owner or copyright owner’s agent).
- Deliver this DMCA Notice, with all items completed, to Uber Freight’s Designated Copyright Agent at Copyright Agent c/o Uber Freight LLC, 1515 3rd Street, San Francisco, CA 94158.
Uber Freight may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Uber Freight, with such notice deemed given when received by Uber Freight, at any time by first class mail or pre-paid post to Uber Freight, Attn: The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801.
You may not assign these Terms without Uber Freight’s prior written approval. Uber Freight may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber Freight’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Uber Freight or any third party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber Freight’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber Freight in writing.
Choice of Language
It is the express wish of the parties that these terms and conditions be drawn up in English. Il est de la volonté expresse des parties que ces modalités et conditions soient rédigées et signées en anglais. These terms may be translated into other languages. In the event of a difference in interpretation between the English version of these terms and another version, the English version shall prevail.