Posted: September 28, 2016
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF ALLIANCE AND OUR OBLIGATIONS RELATING TO THE SERVICES AND THE PRODUCTS AND SERVICES ORDERED THROUGH THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF ALLIANCE’S RESPONSIBILITY.
The Services are offered and available to Alliance customers (“Customers”) and sub-contract drivers (“Drivers”) who are 18 years of age or older and reside in the United States. By using this Site and the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or the Services.
The information presented on or through the Services is made available solely for general informational purposes. We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Subject to the terms and conditions of this Agreement (including, without limitation, payment of any applicable fees) Alliance hereby grants to you a personal, nonexclusive, nontransferable, worldwide license (the “License”) to access and use the Services in accordance with this Agreement. All rights not expressly granted to you under the License are reserved by Alliance.
The Services allow users to access the Alliance Website and/or Mobile Application for use in connection with ordering, scheduling, or updating delivery and hauling services. The Services are available to Alliance Customers and Drivers and can be used to streamline purchase and fulfilment of Trucking Orders through Alliance. For example, the Services may provide Customers the ability to request quotes form Alliance for delivery or hauling services provided by Alliance’s third party Drivers, approve truck orders, digitally sign off/approve deliveries, check the status of drivers, reorder/cancel trucks. Drivers may have the ability to use the Services to receive dispatching information, update order status, provide completed order information, and request payroll.
In order to use most aspects of the Services, you must register for and maintain an active user Services account, either as a Customer or Driver. You acknowledge and agree that Alliance does not provide trucking or logistics services or function as a motor carrier or trucking broker.
You agree to use the Services only for lawful purposes and only for your own personal use and you may download or print a single copy of any portion of the Services for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted by Alliance. You may not, for example, use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
When you download Alliance’s mobile application Services, you will use your Alliance account (“Account”) to access the Services. If you are an Alliance Customer (i.e., requesting goods or hauling services) you will register as a “Customer” and use the Account created when you signed up for a credit account with Alliance. Your contact information will be tied to your Customer Account. If you are a Driver you will register as a “Driver” and use the Account created when you signed the Sub-contractor Agreement and provided the required information. Your contact information will be tied to your Driver Account. You agree that you are the sole “Authorized User” of your Account, and that only you, the Authorized User, may access the Services using your Account. Your Account may also include certain personal and business information, such as your name, business affiliation, phone number, postal address, email address, financial information, at least one valid payment method (either a credit card or accepted payment form), and safety and regulatory documents that apply in your jurisdiction. You are solely responsible for all activity on your Account and for the security of your computer system and/or mobile device. You may not reveal, share, or otherwise allow others to use your Account. You agree that you are personally responsible for the use of your Account and for all of the communication and activity with Alliance and other Alliance uses (Customer and/or Drivers) that results from use of your Account. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Account other than if and as expressly permitted by this Agreement.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Alliance does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.
You agree to: (i) notify Alliance immediately of any unauthorized use of your Account or any other known or suspected breach of security; (ii) report to Alliance immediately and use reasonable efforts to stop immediately any copying or distribution of the Content that is known or suspected by you; (iii) maintain accurate, complete, and up-to-date information in your Account, including without limitation, any payment information; and (iv) comply with all applicable laws and regulations. Failure to comply with the foregoing may result in your inability to access and use the Services or termination or suspension of this Agreement by Alliance
Customer Account; Ordering Services
When you register as a Customer, you may have the ability to generate quotes and place orders for goods and/or hauling services through the Services, using Alliance’s third party Drivers. Orders must contain the information requested in the applicable form in order to be processed by Alliance. When you place an order through the Services, Alliance will provide you with a quote of Alliance’s price for such goods or services (a “Quote”). All orders generated in the Services are non-binding until Alliance’s Quote for such order is accepted by you. Alliance’s Quote will be valid for thirty (30) days from issuance. Alliance will not proceed to perform an order until it receives approval from you accepting the Quote. Your acceptance of the quote will serve as authorization for Alliance to proceed to fulfill the order. Accepted Quotes are subject to the terms of this Agreement and incorporated herein by reference. You and Alliance agree that Alliance will not be responsible for orders or Quotes that cannot be fulfilled due to impracticability or any other reason outside of Alliance’s control. Alliance may cancel an order or Quote at any time for any reason. If Alliance cancels an order or Quote, your sole recourse and Alliance’s sole liability shall be to refund to you any pre-payments actually received by Alliance for such order, minus any of Alliance’s costs in partially fulfilling the order. Once an order is placed and the Quote is accepted by you, you may only cancel the order upon written consent from Alliance.
Any goods delivered by Alliance through the Services are to be inspected by you immediately upon delivery. If any of the goods are nonconforming, you shall within forty-eight (48) hours of the delivery date and time, give written notice to the Alliance stating full particulars in support of the claim of nonconformity. If Alliance finds the goods are nonconforming, Alliance will either replace the nonconforming goods or issue a credit for funds to be paid or that have already been paid for the nonconforming goods. If you fail to notify Alliance of any nonconforming goods within forty-eight (48) hours of the delivery date and time, the goods shall be deemed to be in conformity with your order, and you shall be bound to accept and pay for the goods in accordance with the terms of this Agreement and the quote. You expressly waive any right to reject or revoke acceptance of any goods forty-eight (48) hours after the delivery date and time.
In the event any goods are found by Alliance to be nonconforming, the parties agree that Alliance, at Alliance’s option, will either replace the nonconforming goods or issue a credit for funds to be paid or that have already been paid for the nonconforming goods. This remedy is intended to be your sole and exclusive remedy for goods or services procured through the Services under this Agreement
Please note that your use of the Services and all goods and services order and/or provided through the Services are subject to the disclaimer and limitation of liability terms set forth below.
When you register as a Driver, you may have the ability to receive dispatching information, manage orders, update order status, provide completed order information, and request payroll. All services provided by a Driver under this Agreement and in connection with the Services (including, without limitation, payment terms) are subject to the applicable Equipment Sub-Contractor Agreement between you and Alliance. If you do not have an active, executed Equipment Sub-Contractor Agreement between you and Alliance, please contact Alliance before using the Services. In the event of a conflict between the terms of this Agreement and the terms of an active, fully-executed Equipment Sub-Contractor Agreement between you and Alliance, the terms of the Equipment Sub-Contractor Agreement shall control with respect to the conflicting terms.
If you are a Driver, you are agreeing to provide trucking services directly to the scheduler of such services (Customer), and that Alliance has no liability whatsoever in the physical delivery of such goods or services. If you are a Driver, you are responsible for obtaining and maintaining all required licenses and certifications and you agree to comply with all applicable laws and regulations
Customer Fees and Billing
You agree to pay for all goods and services purchased from Alliance through the Services (including any applicable taxes). You also agree to pay for all items delivered or transported by Alliance for you or on your behalf. Once you have received the goods or services ordered through your use of the Services, Alliance will facilitate your payment to Alliance or on behalf of Alliance’s third party provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
All cash payments are net thirty (30) days unless otherwise specified in writing. Unless you have provided credit card information (as discussed below), Alliance will send you an invoice for all goods purchased and/or for all transport services performed. Delinquent accounts shall bear interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. In no event will you ever be charged or required to pay any amounts deemed to be interest which is greater than the maximum amount permitted by law. Alliance may offer a cash discount for cash payments.
If you have provided credit card information to Alliance’s payment processor for your Account, you may sign up for auto-pay using such information on file. When you provide payment information to Alliance or to one of its payment processors, you represent to Alliance that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize Alliance to charge your credit card or to process your payment with its chosen third-party payment processor for any fees incurred by you. If you have selected an auto-pay credit card option in connection with your Account, we will bill all charges automatically to your credit card using our chosen third-party payment processor upon acceptance of the Quote.
Except as otherwise expressly set forth herein, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you believe someone who is not an Authorized User has accessed the Services using your Account, please contact Customer Service. You are responsible for any fees or charges incurred to access Services through an Internet access provider, wireless service provider, or other third-party service, including without limitation, network data and messaging charges.
Alliance shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of your default or defaults, to withhold shipments, in whole or in part, and to recall goods in transit, retake same, and repossess all goods which may be stored with Alliance for your account, without the necessity of taking any other proceedings, and you consent that all goods so recalled, retaken or repossessed shall become Alliance’s absolute property, provided that you are given full credit for the charges for those items. The foregoing shall not be construed as limiting, in any manner, any of the rights or remedies available to Alliance because of any default of you under the Uniform Commercial Code as in force and effect in the state of Texas on the effective date of this Agreement. Other than the notices stated elsewhere in this Agreement or as prohibited by applicable law, YOU WAIVE ALL NOTICES REQUIRED BY LAW, INCLUDING NOTICES OF DEMAND OR PROTEST, PRESENTMENT, DISHONOR, INTENT TO ACCELERATE AND ACCELERATION.
You grant to Alliance, the right and authority to make credit inquiries and to obtain financial statements, credit reports, or other credit information about you. You hereby release all claims against Alliance and third parties related to the request and/or providing of credit information and instruments.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed, or used with permission by Alliance, and/or its parents, subsidiaries, and affiliates or other parties that have licensed to or otherwise permitted their material to be used by Alliance. The Services as a whole and their Contents are protected by copyright, trademark, trade dress, and other laws and all worldwide right, title, and interest in and to the Services and their Contents are owned by Alliance or used with permission. TheAllianceTrucking.com, Alliance Trucking, the Alliance Trucking logo, and all other trademarks appearing on this Services are trademarks of Alliance or are licensed or used with permission of the owner by Alliance. You agree not to display or use such trademarks without Alliance’s prior written permission. Alliance disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.
The information presented in the Services is made available solely for general informational purposes. We may update the content in the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
Requests to use the Content for any purpose other than as permitted in this agreement should be submitted to firstname.lastname@example.org.
Your Privacy Rights
Links to Third Party Websites
Alliance is not responsible for the contents of any linked website that may be contained in or on our Services, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by Alliance of that website and is provided only for informational purposes.
You will indemnify, defend and hold harmless Alliance and its business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from: (a) your use of or inability to use the Services, (b) the infringement by you of any intellectual property rights of any person or entity, (c) your violation of any terms of this Agreement, (d) any content or data entered by you, (e) the breach of any warranty or representation made by you under this Agreement, or (f) your violation of any applicable laws, rules or regulations.
Disclaimer and Limitation of Liability
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SERVICES, AS WELL AS THE GOODS OR SERVICES PROVIDED THROUGH YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE GOODS OR SERVICES PROVIDED THROUGH YOUR USE OF THE SERVICES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. ALLIANCE DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SERVICES AND ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT SHALL ALLIANCE OR ANY OF ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF ALLIANCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. IN NO EVENT SHALL ALLIANCE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR ANY GOODS OR SERVICES PROVIDED HEREUNDER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ALLIANCE’S SERVICES MAY BE USED BY YOU (AS A CUSTOMER) TO REQUEST AND SCHEDULE DELIVERY OR HAULING SERVICES WITH THIRD PARTY DRIVERS, BUT YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLIANCE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRUCKING, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. ALLIANCE DOES NOT WARRANT OR GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. ALLIANCE IS NOT RESPONSIBLE FOR THE LICENSING OR CERTIFICATION OF THE DRIVERS AND YOU ACKNOWLEDGE THAT SUCH DRIVERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information presented in or through the Services is made available solely for general informational purposes. From time to time, there may be information in the Services that contains typographical errors, inaccuracies, or omissions, including those that may relate to service descriptions, pricing, availability, and scheduling. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
This Agreement will become effective upon your acceptance of the Agreement by your access or use the Services and will remain in effect unless and until terminated hereunder. You may terminate this Agreement upon 30 days advance written notice to Alliance, provided that you do not access the Services thereafter and any pending orders will be cancelled. Alliance may terminate this Agreement at any time and may do so immediately without notice, and accordingly may deny you access to the Services, if in Alliance’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Alliance, you agree to promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise, and to refrain from further accessing the Services.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect, and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
You may not assign any rights, or delegate or subcontract any obligations, under this Agreement without Alliance’s prior written consent. Any assignment in violation of the foregoing shall be deemed null and void. Alliance may freely assign its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.
Relationship of the Parties
Please use the contact below for questions or problems with the Services:
Alliance Trucking, LP
721 111th St
Arlington, TX 76011