Posted: March 14, 2018
Thank you for using Alliance Trucking, LP’s (“Alliance”) website and/or mobile application. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy, and any applicable Equipment Sub-Contractor Agreement or other contract between you and Alliance (collectively, these “Terms of Use” or the “Agreement”), govern your access to and use of www.TheAllianceTrucking.com, related Alliance websites, and the Alliance Trucking Mobile Application, including any content, functionality and services offered therein, (collectively, the “Services”). If you are accepting these terms on behalf of a company, you represent and warrant that you have all necessary right and authority to enter into this Agreement on behalf of such company and bind company to the terms of this Agreement.
Please read the Terms of Use carefully before you start to use the Services. BY ACCESSING, BROWSING OR USING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SERVICES), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.
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 employees (“Employees”), customers (“Customers”), suppliers (“Suppliers”), 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 Employees, Customers, Suppliers, 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 from 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 an Employee, a Customer, a Supplier, or a 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 use (for Employees, such use is limited to use in connection with carrying out the Employee’s job duties for Alliance) 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 Employee, you will register as an “Employee” and use the Account you created as set up by your administrator. 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 or cash account with Alliance. Your contact information will be tied to your Customer Account. If you are an Alliance Supplier (i.e., selling materials to Alliance) you will register as a “Supplier” and use the Account created with Alliance. 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
Employee Account
When you register as an Employee, you have access to Alliance’s confidential information and/or trade secrets, including but not limited to names, addresses, or other information relating to Alliance’s customers, vendors, and/or suppliers, mailing lists, customer and vendor requirements, data regarding referral sources, operating procedures and results, marketing and business plans, marketing research, specifications or performance, systems, techniques, quote/bid information, price lists and pricing information, technical data, trade secrets, know-how, research, product or service ideas or plans, software codes and designs, algorithms, developments, inventions, patent applications, processes, formulas, techniques, designs and drawings, configuration information, publically unavailable information concerning Alliance’s business, all inventions, and/or financial and statistical data relating to Alliance’s business (collectively the “Confidential Information/Trade Secrets”). Employees who register for and use Services acknowledge and agree that (1) Alliance has a vested interest in the Confidential Information/Trade Secrets and in maintaining the confidentiality of Confidential Information/Trade Secrets that may become available to Employees in the course of their employment with Alliance; (2) such Confidential Information/Trade Secrets has not been intentionally disclosed to the public by Alliance; and (3) the unauthorized disclosure of such Confidential Information/Trade Secrets would cause Alliance irreparable harm. Employees further agree to hold the Confidential Information/Trade Secrets in strictest confidence and to not disclose, discuss, transmit, use, or publish any Confidential Information/Trade Secrets, either during or at any time after termination of the employment relationship. Employees further acknowledge that any unauthorized use or disclosure of Confidential Information/Trade Secrets is prohibited by applicable law.
This Agreement will become effective upon your acceptance of the Agreement by your access or use of the Services and will remain in effect unless and until terminated hereunder. Customers, Suppliers, and Drivers 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.
Alliance, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, polices, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately upon notice thereof, which may be given by any reasonable means, including by posting to the Site or through email. Your continued access or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Alliance’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Alliance’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Alliance to exercise or take advantage of any right or remedy that Alliance has or may have hereunder, operate as a waiver of any right or remedy.
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.
The relationship established between the parties hereto is one of independent contractors. No joint venture, partnership, employment, or agency relationship is created between you and Alliance as a result of these Terms of Use or your use of the Services.
Please use the contact below for questions or problems with the Services:
info@thealliancetrucking.com
Alliance Trucking, LP
721 111th St
Arlington, TX 76011
