Date Effective: January 2024
These Terms of Services (“Terms”), together with the applicable written or electronic ordering document (“Order Form”) (these Terms and any applicable Order Form shall hereinafter collectively be referred to as the “Agreement”), if any, set forth the terms and conditions that apply to your use of PackageRoute mobile App (“App”) and access and use of app.PackageRoute.com (“Site”) and www.PackageRoute.com (“Website”) as owned and operated by PackageRoute LLC. (“PackageRoute”). App and Site collectively known as PackageRoute Service (“Service” or “Services”).
By accepting electronically (for example, clicking “I Agree”), executing an Order Form, or by installing the App or by accessing and using the Site, you agree to be bound by the terms and conditions of this Agreement and any amendments made from time to time in the future. This acceptance applies to you, the entity you represent, and any affiliate of such entity. If you do not agree to this Agreement, then you may not use the Service. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. This Agreement is entered into as of the earlier of the date you accept this agreement, access and/or the Service and/or Website, or the effective date set forth in the applicable Order Form (“Effective Date”).
PackageRoute App and Site are intended for use by FedEx Ground Independent Contractors (“ICs”) and Independent Service Providers (“ISPs”) and their authorized drivers and managers (ICs, ISPs Authorized Officers, Business Contacts, managers and their drivers collectively called IC or ISP). You must be an active and authorized FedEx Ground IC or ISP to use the Service.
As an IC or ISP, our Service allows you to access your Account Data from FedEx Ground to help streamline your daily package delivery and pickup operations. The Service allows you and your authorized drivers and managers to access and view data only for your routes. The Service is provided to you by PackageRoute for a charge (monthly or annual subscription fee) as set forth in the applicable Order.
By using the information, tools, features, software and functionality including content, updates and new releases provided by Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply install the App or browse the Site), or a “Customer” (which means that you are an IC or ISP and have registered for an account with us to use our Service). The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to PackageRoute. If you wish to become a Customer or want to make use of the Service, you must acknowledge this Agreement and indicate your acceptance during the signup registration process and/or you execution of the Order Form.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and form a binding contract with PackageRoute.
“Account Data” means FedEx Ground pickup and delivery data for your routes, for which you consent to give access to PackageRoute, for your use of our Service. This may include the name of your company entity registered with FedEx Ground and certain FedEx Ground identification (so we can verify you to be an authorized FedEx Ground IC or ISP). Account Data may also include data related to your vehicles and workforce registered with FedEx Ground.
You authorize PackageRoute to access your Account Data maintained by FedEx Ground. PackageRoute may use third party software and / or services to access and store your Account Data. PackageRoute does not review Account Data for accuracy, legality or non- infringement.
PackageRoute cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or other service interruptions. PackageRoute cannot assume responsibility for the freshness, timeliness, accuracy, deletion, non-delivery or failure to access any user Account Data.
In order to allow you to use our Services, you will need to sign up and create an account with PackageRoute. In creating your account you will be asked to provide your contact, billing and credit card information including mobile telephone number, email address, account password and other related information all of which together make up your Account Information. You must provide true, accurate, current and complete information about your account.
You represent that you are a legal owner of, or that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
PackageRoute may verify the information you provide against third party databases or through other sources to authenticate your identity and validate your Account Information for correctness. If you do not provide this information or PackageRoute cannot verify your identity, we can refuse to allow you access to use the App and Services.
You agree and understand that you are responsible for maintaining the confidentiality of your account password together with your login Id and / or e-mail address, which you use to access Services. It is your responsibility to promptly update us with your complete, accurate Account Information, or change your information as appropriate.
As part of your use of our Service, PackageRoute has taken commercially reasonable efforts to protect the privacy of your Account Data and Account Information according to the PackageRoute Privacy Policy (“Privacy Policy”). You can review the latest Privacy Policy at https://packageroute.com/privacy-policy/.
If you become aware of any unauthorized use of your Account Data or Account Information, you agree to notify PackageRoute immediately. If you believe that your Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses. You, and not PackageRoute, are solely responsible for all access to your account and Account Information, whether authorized by you or not, and any use of the Service through them.
You agree that you will not:
You further agree to:
To use our Services, you represent that you are authorized to share Account Data with PackageRoute. You expressly authorize PackageRoute to access your Account Data, and you expressly authorize FedEx Ground to disclose your Account Data to us.
Further, you understand and agree that the Services are not sponsored or endorsed by FedEx Ground. PackageRoute is not responsible for any Services-related issues, including those issues that may arise from inaccurate Account Data.
You hereby authorize and permit PackageRoute to use and store Account Information and Account Data to provide Services to you.
PackageRoute is solely responsible for the development and updates of its App and Services. Although PackageRoute’s Services use Account Data and Account Information with your consent, it PackageRoute solely responsible for providing maintenance and support services and fulfilling any warranties with respect to its App.
By accepting this Agreement, you release FedEx Ground of any liability for maintenance and support services or fulfillment of any warranties.
A “competitor” is any person or entity that provides a platform that provides products or services similar to those provided by PackageRoute and includes, without limitation, certain companies doing business as Ground Cloud, Road Warrior, Beans Route, eTruckBiz, Straightaway LLC and Velocitor Solutions or any of their principal affiliates or any entity succeeding to their business. You agree to not aid, support or in any way provide access to competitors (whether deliberate or inadvertent) using App, Site or Services. Doing so will be considered a material breach of this Agreement and may cause PackageRoute to terminate your use of Service.
The contents of the App, Site and Services, including their “look and feel” (e.g., usability interface, data layout, text, graphics, images, logos and button icons), illustrations, content, workflow, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, service mark and other laws. The contents of the Services belong to or are licensed to PackageRoute. You are granted the right to view and use the App and Services subject to the terms in this Agreement. You may download the App and use the Site in conjunction with Services only.
Any distribution, publishing, transmission or electronic reproduction of any content from the App or Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree not to use, nor permit any third party to use, the App or the Site or content in a manner that violates any applicable law, regulation or this Agreement.
PackageRoute claims no intellectual property rights over Account Data.
Your right to access and use the App, Site and the Services is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. You may not misrepresent your Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected.
PackageRoute does not guarantee the maintenance or continued function of, and PackageRoute reserves the right to change, discontinue, delete or deprecate, at any time and at PackageRoute’s sole discretion, the Services or any product feature, support service and any feature or functionality of them that may be made available to or accessible by you. Without limiting the generality of the foregoing, your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that PackageRoute, in its sole discretion, may elect to take. In no event will PackageRoute be liable to you or any party (that may have separate agreements with you) for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services shall be for you to discontinue your use of the Service
By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communication may be posted on the Site and/or delivered to you via our App and / or sent to your e-mail address that we keep on file for you. Your consent to receive communications electronically is valid until you end your relationship with us. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
Use of the Services is available through a compatible mobile device, cellular data plan, internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. PACKAGEROUTE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Upon your acceptance of usage of Services, from Site, through the App, or Order Form, you agree to pay PackageRoute in accordance with the terms set forth in this section.
Free Trial: Through our App and Site, we may allow for a free trial period during which you may choose to trial and use our Service. Each IC or ISP is allowed only one free trial. Following expiration of the free trial period, the Service will be restricted if you fail to sign up before such expiration. You may resume Service use by purchasing subscriptions and authorizing your users through the App or Site.
Pricing: Services are priced on a monthly or annual subscription basis, details of which are available the Website or in the applicable Order Form. You acknowledge payment based on these pricing plans for use of Services. Unless otherwise agreed in an Order Form executed by both parties, PackageRoute can change pricing for Services, at any time, in its sole discretion. Minimum commitments of Subscribed Quantity of Monthly Routes in Order Form(s) are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments are not refundable. Your payments of fees are neither (x) contingent on the delivery of any future functionality or features nor (y) dependent on statements not set forth in the Agreement or any Order Form.
Taxes: In addition to total payment amounts for Services provided to you and your authorized users, you may be charged all taxes that PackageRoute may be required to collect or pay for Services.
Payment Method: Only credit card payments are accepted. You authorize PackageRoute to charge your credit card, details of which you provide to us and which we maintain securely on file, on a periodic subscription basis, for amounts totaled for use of Service. Periodic and recurring charges for amount totals due, may be submitted automatically for payment processing, without subsequent authorization from you.
Payment Processing: PackageRoute uses third-party payment processors (“Payment Processor”) to process your payment for use of Services. You are subject to the terms, conditions and privacy policies of the Payment Processor in addition to terms in this Agreement. You agree to pay PackageRoute, through the Payment Processor, all amounts for usage of Services at the prices then in effect. PackageRoute will not be responsible for unsuccessful payment processing (via Payment Processor) for errors in payment data provided by you.
Default, Failure to Pay: Failure to receive payment by PackageRoute using your payment method, within the payment due timeline will be considered a breach of this Agreement. PackageRoute may, without limiting any rights and remedies, accelerate your unpaid fee obligations to become immediately due and payable, and block the provision of Services to you until the overdue amounts are paid in full.
Disputed Charges: If you dispute any charges to your credit card, you must contact PackageRoute within forty-five (45) days from the date of the disputed transaction. All amounts charged by PackageRoute for Services are non-refundable and PackageRoute reserves the right, in its sole discretion, to review and choose to refund any disputed charges.
Discontinue Service: If you have not purchased the Service on a subscription basis and you choose to terminate this Agreement and discontinue using our Service, you will be charged for payment until the end of the month in which you decide to discontinue use of our Service (“Last Month”). You may continue to use the Service until the end of Last Month.
THE APP, SITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PACKAGEROUTE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER PACKAGEROUTE OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT THAT IS AVAILABLE THROUGH THE APP AND SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PACKAGEROUTE OR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE APP AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
PACKAGEROUTE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE, YOUR USE OF THE SERVICES, THE APP OR THIS AGREEMENT, EVEN IF PACKAGEROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PACKAGEROUTE’S LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE GREATER OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS) OR THE AMOUNT YOU PAID US IN THE MOST RECENT TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
If you behave or abuse our Services in a way that gets us into legal trouble, we may exercise a recourse against you. You agree to defend, indemnify and hold harmless PackageRoute and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the App, Site or your use of the Services.
You and PackageRoute both agree that we can each bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action (b) an arbitrator can’t combine multiple Users claims into a single case (or preside over any consolidated, class or representative action); and (c) an arbitrator’s decision or award in one User’s case can only impact that User, not other Users, and cannot be used to decide other Users disputes. If a court decides that this “No Class Actions” clause is not enforceable or valid, then this section will be null and void but the other terms in this agreement will still apply.
Unless otherwise set forth in the Order Form, this Agreement will continue to apply until terminated by either you or PackageRoute as set out below.
If you want to terminate Agreement, you will need to delete your account from the App and Site. To remove App from your mobile devices, delete the PackageRoute App. However, deleting the app will not delete your PackageRoute account, it will only delete the data from the device. Therefore, in order to close your account for the PackageRoute Service, login to Site via the web and follow the instructions to delete your account.
PackageRoute may at any time, terminate this Agreement you and your access to the Services:
You acknowledge and agree that PackageRoute may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that PackageRoute shall not be liable to you or any third party for any termination of your access to the Services.
PackageRoute reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App, Site or Services with or without notice. PackageRoute reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a customer, PackageRoute will provide notice to you, either via the Site, App or your email. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that PackageRoute shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
PackageRoute may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
This Agreement is governed by the laws of Washington State without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The
Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Washington law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND PACKAGEROUTE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY
JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, you may contact PackageRoute and notify us of your intention. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. You are liable to cover your portion of such fees. We will reimburse all such fees and costs for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. If the arbitrator determines your claims or defenses are frivolous, PackageRoute reserves the right to file counter claims against you with no monetary limitations. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This Section will survive expiration, termination or rescission of this Agreement.
If you downloaded App from the Apple App Store, the following terms also apply to you:
Should you have any questions pertaining to these Terms, please contact us via our website or by sending an email to [email protected].