Updated December 2020
This Terms of Service agreement ("Agreement") sets 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 Inc. ("PackageRoute"). App and Site collectively known as PackageRoute Service ("Service" or "Services").
By accepting electronically (for example, clicking "I Agree") 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. If you do not agree to this Agreement, then you may not use the Service.
1. Description of the Services
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).
2. Accepting the Terms
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.
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.
3. Account Data
"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.
4. Your Account Information
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.
5. Privacy of your Data
6. Unauthorized access, Reverse-engineering & Resell
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 agree that you will not:
- Attempt to gain an unauthorized access to any portion of the App or Services
- Attempt to decompile, disassemble, reverse-engineer or decipher any of the software comprising or in any way making up a part of the App or Services
- Reproduce, duplicate, copy, re-create or exploit any portion of the Service, including but without limitation, the look and feel of the App and Site
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Use any spider, scraper, deep link, robot or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the App or Services or any portion of the App or Services, without PackageRoute's express written consent, which may be withheld in PackageRoute's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search capabilities available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Violate any applicable federal, state or local laws or regulations
You further agree to:
- Prevent and aid us in preventing any unauthorized access or abuse of Service
- Promptly notify PackageRoute if you learn of abuse, misuse or breach of security related to Service
- Not sell, resell, lease or sub-license App or Services
7. Rights You Grant to PackageRoute
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.
8. PackageRoute obligations to you & Release FedEx Ground of any liability
PackageRoute is solely responsible for the development and updates of its App and Services. Although its Services use Account Data and Account Information with your consent, it is 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.
9. Covenant to Not Aid & Support Competitors
Competitors is defined as 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.
10. PackageRoute Intellectual Property Rights
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.
11. Non-Transferrable Use of the Services
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.
12. Limitation of Services
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 PackageRoute to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
13. Electronic Communication
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.
14. Your Mobile Device & Your Telecommunications Provider
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.
15. Payment For Services
Upon your acceptance of usage of Services, either from Site or through the App, you agree to pay PackageRoute in accordance with the terms set forth in this section.
Free Trial: Through our App and Site, we 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 on our website at www.PackageRoute.com. You acknowledge payment based on these pricing plans for use of Services. PackageRoute can change pricing for Services, at any time, in its sole discretion.
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. Failure to correct this will result in discontinuation of Service and termination of this Agreement.
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 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. You will not be refunded pro-rated amounts or any portion of the monthly subscription amount charged for Last Month.
16. Disclaimer of Representations and Warranties
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.
17. Limitations on PackageRoute's Liability
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.
18. Your Indemnification of PackageRoute
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.
19. No Class Actions
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.
20. Termination. Ending your relationship with PackageRoute
This Agreement will continue to apply until terminated by either you or PackageRoute as set out below.
If you want to terminate this legal agreement for the Services, 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 its legal agreement with you and your access to the Services:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement)
- if PackageRoute in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)
- for any reason and at any time with or without notice to you
- immediately upon notice, to the e-mail address provided by you as part of your Account Information
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.
22. Governing Law and Forum for Disputes
This Agreement is governed by the laws of Washington State without regard to its conflicts of laws provisions.
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.
23. Apple Requirements
If you downloaded App from the Apple App Store, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and PackageRoute only, and not with Apple, and PackageRoute, not Apple, is solely responsible for the App Software and the content thereof.
- Scope of License: The license granted to you for the App software is a limited, non-transferable license to use wit Service on an Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
- Maintenance and Support: PackageRoute and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: PackageRoute is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit's sole responsibility.
- Product Claims: PackageRoute, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user's possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, PackageRoute, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints or claims to: PackageRoute Inc info@packageRoute.com or https://www.PackageRoute.com
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
24. Contact Information