CarrierHQ – Terms of Service
- The “Services”include(i) CarrierHQ; (ii) Insurance Services; (iii) Factoring; (iv) Formation Services; (v) Fuel Services; (vi) ELD Services; (vii) other services available now or in the future through or connected to the Platform. Not all Services are available to all Users.
- Creating an Account. To use the Services, a User must register for an account (“Account”) via the website at www.carrierhq.com; www.my.carrierhq.com; or CarrierHQ application and provide certain information as prompted by the registration form. CarrierHQ may register an Account on behalf of User subject to User validating the account. User represents and warrants that all information submitted is truthful and accurate at the time it is submitted and/or validated. User is responsible for maintaining the confidentiality of its login credentials and is fully responsible for all activities that occur under its Account. User agrees to immediately notify CarrierHQ of any unauthorized use, or suspected unauthorized use, of the Account or any other breach of security. CarrierHQ is not liable for any loss or damage arising from User’s failure to comply with these requirements.
- Performance of the Services. To use the Services, User needs compatible hardware, software, and, in some cases, internet access; the performance of the Services may be affected by these factors.
- Geographic Restrictions – The Platform, and certain content available within the Platform including specific Services, are currently available only in certain U.S. states. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported state or country, and you will not attempt to circumvent any restrictions on access to or availability of the Platform or Services.
- Location-Based Services. CarrierHQ provides features based on User’s location and or certain behavioral data with respect to a User including a User’s electronic logging device (“ELD”). In order to utilize CarrierHQ features including but not limited to Insurance Services, a User must allow and also require their drivers to allow CarrierHQ access to location and behavior information generated by ELD (“ELD Data”). By electing to use the Services, you hereby grant CarrierHQ an irrevocable, worldwide, non-exclusive, fully-paid-up license to store, use, and sublicense ELD Data including the right to share the ELD Data with Third-Party Vendor for the performance of the Service(s).
- Service Area / Interruptions. Since the Platform is internet based, it may be interrupted or negatively affected by items outside of the control of CarrierHQ. CarrierHQ is not liable to User for interruptions of or problems with the Platform and/or Services caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services obtained by you or CarrierHQ, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for the Services; failure of access circuits to CarrierHQ’s computer network; DNS issues; issues with FTP, POP3, SMTP, or any items relating to your access to the Services; your acts or omissions (or acts or omissions of others engaged or authorized by you, including, without limitation, custom scripting or coding (e.g., COI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of Services in breach of this Agreement; e-mail or WebMail delivery and transmission; or outages elsewhere on the Internet that hinder access to the Platform and/or Services.
- Mobile Device. To access certain Services, User may be required to pay fees imposed by its wireless carrier, including but not limited to, SMS text messages, data or WAP services fees, roaming, air time, excess minutes or excess data fees in order to access the Services and all such fees are the sole responsibility of the User and you consent to the use herein.
- Changes/Upgrades to Services. CarrierHQ may modify or change the Services and any related fees (as defined below) upon 14 days’ notice to User. CarrierHQ will notify you via the e-mail provided by you during registration. User’s continued use after such modification(s) or change(s) are made constitutes your acceptance of such Service and/or fees.
- Insurance Services.
- 2.1.1.If User uses Insurance Services offered by Third-Party Vendors, User will owe the Third-Party Vendor the amounts agreed to between the parties. CarrierHQ may receive rebates, discounts, or other consideration from Third-Party Vendors of insurance in relation to purchases made by User, User agrees that CarrierHQ may retain 100% of those amounts. If User elects to discontinue insurance-related services offered through CarrierHQ, certain insurance policies in place will expire on their own terms once premiums are no longer paid (i.e., typically at the end of day), at which point User is responsible for obtaining independently any coverage it requires other policies will include a cancelation period. Insurance Services are subject to the terms and conditions of the Third-Party Vendor(s) offering the Insurance Services and CarrierHQ is not a broker of Insurance Services.
- 2.1.2.Payment of Insurance Services may either be completed through CarrierHQ Factoring or ACH Deductions. Insurance Services including the Aon Small Fleet Risk Retention Group have multiple payment options electable at the time of binding. CarrierHQ does not charge an ACH Fee for the one-time annual payment option but will charge the ACH Fee for any makeup contributions under CarrierHQ factoring. All other ACH Deductions are subject to the ACH Fee.
- Fuel Services. If User uses a CarrierHQ fuel program, User agrees to the terms of the Third-Party Vendor. If User elects to utilize Fuel Services through CarrierHQ, User will be charged a monthly Fuel Services Fee identified by the Third-Party Vendor Unless indicated to the contrary and/or CarrierHQ loading fee as designated in the Platform (“Fuel Loading Fee”), the Third-Party Vendor Comdata Network, Inc. (“Comdata”) will provide fuel cards and ComCheck subject to Comdata terms and conditions with the User. Details regarding the Fuel Program are available from Comdata directly. CarrierHQ may receive rebates, discounts, or other consideration from Comdata in relation to fuel purchases made by User; User agrees that CarrierHQ may retain 100% of those amounts.
- Formation Services
- 2.3.1.CarrierHQ provides access to certain services for obtaining and managing business formations, compliance, and operating authority registration through a Third-Party Vendor Legalinc.com, Inc. (“Formation Services”) subject to the terms and conditions of Legalinc.com at https://legalinc.com/terms-and-conditions/. The Formation Services include an online legal portal to give Users a general understanding of the law and to provide an automated software solution to Users who choose to prepare their own legal documents. At no time does CarrierHQ review User’s answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Neither CarrierHQ or Legalinc is a law firm and may not perform services performed by an attorney. CarrierHQ, Legalinc and Formation Services are not substitutes for the advice or services of an attorney.
- 2.3.2.The law is a personal matter, and no general information or legal tool like the Formation Services can fit every circumstance. Furthermore, the legal information contained in the Formation Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if User needs legal advice for User’s specific problem, or if User’s specific problem is too complex to be addressed by our tools, User should consult a licensed attorney in your area.
- 2.3.3.Formation Services are not intended to create any attorney-client relationship, and User’s use of Formation Services does not and will not create an attorney-client relationship between User and CarrierHQ or Legalinc. Instead, User is and will be representing User in any legal matter User undertakes through the Formation Services.
- Other Marketplace Services. Other Marketplace Services may be offered to the User from time to time through the Platform. The User agrees to all obligations of any terms and conditions, including fees, with the Third-Party Vendor. User understands that CarrierHQ may receive rebates, discounts, or other consideration from such Third-Party Vendors and User Agrees that CarrierHQ may retain 100% of those amounts.
- Insurance Services.
- CarrierHQ Fees and Charges
- In General. To pay all fees and charges for use of the Services, a User shall either (i) provide CarrierHQ with a valid credit card; (ii) establish electronic funds transfer to CarrierHQ (“ACH Payments”); (iii) establish Factoring; or (iv) agree to pay the Third-Party Vendor directly, if available (“Direct Pay”). All subscriptions, transactions, and/or sales elected or used by User are considered final.
- Platform Access.
- 4.2.1.CarrierHQ offers two levels of service 1) CarrierHQ Base and 2) CarrierHQ Premium. CarrierHQ Premium may not be offered to all Users. All fees will be disclosed to User and, unless otherwise noted, the “Fees” are due in advance of the Service being provided and will include all applicable sales tax and will be billed to you and transacted by CarrierHQ or its designated Third-Party Vendor. All Services, including CarrierHQ Premium, with a monthly per user fee will have an automatic renewal and unless cancelled or auto-renewal is turned off at least 24-hours before the end of the current period, the account that you provided for payment purposes will be automatically billed at the end of each monthly period until the Service is terminated. CarrierHQ reserves the right to adjust the Fees (including adding a fee) upon seven (7) days’ notice to User. Certain Services require CarrierHQ Premium and will automatically add CarrierHQ Premium to User’s account if elected.
- 4.2.2.Any renewal of your subscription will be billed at the applicable Fees in effect at the time of the renewal. You will not receive billing statements. Billing statements and auto-renewal may be accessed by you in the Services and such statements, if any, will contain the Fees charged and the date of such charge. Any questions or claims regarding billing can be directed to CarrierHQ’s customer service. If you wish to dispute a charge on your bill, please call CarrierHQ’s customer service within sixty (60) days after the due date of the charge in question, otherwise you waive your right to dispute the charge. We reserve the right to waive all or part of the Fees at our discretion.
- Factoring. For deductions made through Factoring with CarrierHQ Factoring or with a CarrierHQ Certified Factor (“CarrierHQ Factoring”), User acknowledges that its payments from CarrierHQ Factoring will come from and a percentage of gross invoices purchased by the CarrierHQ Certified Factor (“Percentage Deduction”). The Percentage Deduction will be set at an amount sufficient to first satisfy Installments, as defined below, due and then fill a CarrierHQ Reserve Account. User acknowledges that its payment is governed by the agreement between User and CarrierHQ Factoring and the Percentage Deduction can be adjusted up upon notice of CarrierHQ to CarrierHQ Factor. If insufficient funds remain by the end of the third (3rd) week of a month, the ACH Payment method will be used to satisfy the difference. CarrierHQ may, in its discretion, lower the Percentage Deduction if the amount of funds exceeds the funds needed to fill the CarrierHQ Reserve Account.
- Direct Pay Transactions. If enabled by a Third-Party Vendor in the Portal, User acknowledges that any fees or charges assessed by Third-Party Vendor are the responsibility of User and may be due in advance of the provision of Service by the Third-Party Vendor. Any payments made directly to the Third-Party Vendor will be made according to the terms and conditions of the Third-Party Vendor.
- CarrierHQ Reserve Account. Most Services require payment in advance and will be deducted in advance to fill an account for the User as prepayment of Services (“CarrierHQ Reserve Account”). CarrierHQ Reserve Account is equal to approximately one and half (1.5) times the Installment and/or the amount of estimated expenses due in the following month for Services, whichever is higher. To fill the CarrierHQ Reserve Account, User hereby authorizes deductions through Factoring or ACH Deductions. CarrierHQ Reserve Account will be used to pay for Services in the following order: 1) Insurance Services; 2) CarrierHQ Fees; 3) Factoring; 4) Fuel Services; and 5) other Serivices.
- General Terms.
- Support. CarrierHQ is responsible for providing support for the services it provides directly, or as required under applicable law. Third-Party Vendors are solely responsible for providing support for Third-Party Services.
- Disclaimer of Warranties; Limitations on Liability
CarrierHQ does not guarantee, represent, or warrant that User’s use of the Services will be uninterrupted or error-free, and client agrees that, from time to time, CarrierHQ may remove the Services for indefinite periods of time or otherwise limit or disable User’s access to the Services.
User’s use of, or inability to use, the Services is at its sole risk. The Services are provided “as is,” “with all faults,” and “as available” for User’s use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
In no case shall CarrierHQ, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages relating to or arising from User’s use of the Services, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of the Services, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, CarrierHQ’s liability shall be limited to the extent such limitation is permitted by law
User’s submission of information in connection with the Services is its sole risk, and User hereby releases CarrierHQ from any and all liability to client for any loss or liability relating to such information.
CarrierHQ does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and client hereby releases CarrierHQ from any liability relating thereto.
- Doing Business Electronically. User and CarrierHQ consent to receive communications from each other in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that CarrierHQ provides to User electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing, provided the sender of the electronic communication can be authenticated using commercially reasonable means.
- Arbitration. IF ANY PARTY REQUESTS, THE OTHER PARTY AGREES TO ARBITRATE ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT. IF ANY PARTY SEEKS TO HAVE A DISPUTE SETTLED BY ARBITRATION, THAT PARTY MUST FIRST SEND TO THE OTHER PARTY, BY CERTIFIED MAIL, A WRITTEN NOTICE OF INTENT TO ARBITRATE. IF THE PARTIES DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, ANY PARTY MAY COMMENCE AN ARBITRATION PROCEEDING WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR NATIONAL ARBITRATION FORUM (“NAF”). CARRIERHQ WILL PROMPTLY REIMBURSE YOU FOR ANY ARBITRATION FILING FEE AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, CARRIERHQ WILL PAY ALL ADMINISTRATION AND ARBITRATOR FEES. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF THE CLAIM RAISED BY YOU OR THE RELIEF SOUGHT BY YOU IS IMPROPER OR NOT WARRANTED, AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF PROCEDURE 11(B), THEN CARRIERHQ WILL PAY THESE FEES ONLY IF REQUIRED BY THE AAA OR NAF RULES. THE PARTIES AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING THE RIGHT TO TRIAL BY JURY. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION CLAUSE SHALL BE NULL AND VOID.
- Right to Opt Out of Arbitration. YOU MAY OPT OUT OF THE ARBITRATION PROVISION ABOVE. TO OPT OUT OF THE ARBITRATION CLAUSE, YOU MUST SEND CARRIERHQ A NOTICE THAT YOU DO NOT WANT THE CLAUSE TO APPLY TO THIS AGREEMENT. FOR ANY OPT OUT TO BE EFFECTIVE, YOU MUST SEND AN OPT OUT NOTICE TO THE FOLLOWING ADDRESS BY REGISTERED MAIL, WITHIN 14 DAYS AFTER THE DATE OF THIS AGREEMENT:
CarrierHQ – ARBITRATION OPT OUT,
155 E. Market St. Suite 220
Indianapolis, Indiana 46204
- IN THE EVENT ARBITRATION IS NOT APPLICABLE AND IN RECOGNITION OF THE HIGHER COSTS AND DELAY WHICH MAY RESULT FROM A JURY TRIAL, THE PARTIES HERETO WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING HEREUNDER, OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT ANY DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions regarding these CarrierHQ Terms or any terms referenced herein, please contact CarrierHQ at email@example.com.
155 E. Market St. Suite 220
Indianapolis, Indiana 46204
Last Updated – September 5, 2019