This Landstar Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Landstar System Holdings, Inc. on its own behalf or on behalf of Landstar Affiliates (collectively "Landstar"). A "Landstar Affiliate(s)" is any entity that controls, is under common control with, or is controlled by, Landstar. This Agreement governs your use of any of the following: Landstar's Available Loads App, Landstar Maximizer App, Landstar Connect App, and/or Landstar One App and or any other Landstar mobile application on the mobile platform (including all related documentation, the "App" or "Application"). The Application is licensed, not sold, to you. BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of this Agreement, Landstar grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Application is provided to you under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Landstar and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
7. Updates. Landstar may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Landstar has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, Content and Services. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of the license granted to you under this Agreement.
8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Landstar is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Landstar does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
9. Mandatory FMCSA Compliance. The FMCSA prohibits operators of commercial motor vehicles from using hand-held cell phones while operating their vehicles. You expressly agree that you and your motor carrier operators, subcontracted parties, owner-operators, and your company drivers shall not use a hand-held cell phone while driving, nor shall any such operator of a commercial motor vehicle view or send text messages while driving. You agree to access the Application only when stopped in a safe and lawful manner, and to access the Application in full compliance with all federal and state rules and regulations. You agree that you will use the Application in compliance with all laws applying to the use thereof, including but not limited to state, regional, local and municipal laws and regulations. You shall defend, indemnify and hold Landstar and Landstar Affiliates, officers, directors, employees and agents, harmless from and against any and all losses, liabilities, damages, actions, suits, demands or claims (including, without limitation, amounts paid in settlement and reasonable costs of investigation, attorney's fees and disbursements) (collectively "Claims"), resulting from your breach of the agreements, representations and warranties made in this Section 9 of this Agreement.
10. The Code of Federal Regulations. 49 CFR §§ 392.80 and 392.82 state the FMCSA's restrictions on the use of hand-held mobile phones. The following actions are prohibited while driving a Commercial Motor Vehicle ("CMV"):
11. Road information prevails. Any traffic or road-related information provided by the Application is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc. You expressly agree and acknowledge that you will use your senses to observe all road information and abide by such lawful information regardless of the contents of the Application.
12. Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), while driving. Such updates may only be sent after you have safely stopped your vehicle in an appropriate location permitted by law. You expressly agree and acknowledge that you shall not communicate with Landstar by phone unless a lawful, hands-free device is used, or you are safely stopped.
13. The Internet connection is your responsibility and at your expense. Transmitting and receiving real-time updates to and from the Application, requires an online (Wi-Fi or 3G/4G/5G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. You understand that your service provider may apply charges for text and data usage. You agree to pay for all such fees and charges.
14. Location-based service. Some features of the Application make use of detailed location, and may connect with other applications or devices in your vicinity, and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. These features cannot be provided without utilizing this technology. Landstar may use your location and route information to create a detailed location history ("History") of all of your journeys made when using the Application. You expressly agree and consent to Landstar's creation of a History. You can choose whether or not to allow the Application to collect and use real-time information about your device's location through the device's privacy settings, but location information is required for many of the functionality of the Application, including Content and Services. You may block the use of location information at any time, though if you block the use of location information, the Application may be then inaccessible or not function properly.
16. Free software. The Application utilizes software for map displays, updates and road information. With respect to some cellular telephone devices running the software, the software is or may be free software. In such cases you may redistribute the software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Application, its database, Landstar's trademarks, the design of the maps of the Application and functionality, and the voice files integrated in the Landstar proprietary software are not free software.
17. Independent contractor/user. You shall interact with the Application as an independent contractor or independent entity. Except as expressly provided herein, nothing in this Agreement or the Agreement makes either party the agent or legal representative of the other for any purpose whatsoever, nor grants either party any authority to assume or create any obligation on behalf or in the name of the other party.
18. Your age. For the avoidance of doubt, the Application is intended for use by users who are of the legal age required to hold a commercial motor vehicle operator's license. In any case, accounts of users under the age of eighteen (18) years will be cancelled and deleted by Landstar, upon receiving notice.
20. Contact Us. If you have questions about this Agreement, please send an e-mail to mailto:firstname.lastname@example.org. Landstar will endeavor to respond to your inquiry; our failure to respond, however, does not constitute consent to any matter raised in your inquiry, or any modification of this Agreement.
21. Transmitting Transportation Documents. Landstar provides Operators of Commercial Motor Vehicles (each, a "User") various options to submit electronically trip documentation to Landstar. As a User, you may decide at your sole discretion to elect to use any of the following options if interested in electronically transmitting trip documentation to Landstar:
(a) DirectScan. Landstar's "DirectScan" scanning service enables Users to electronically submit documents to Landstar's corporate office and provides confirmation that a User's paperwork has been transmitted and received. Features of DirectScan include:
For more information about using this DirectScan feature, please call 888-706-9764.
(b) Transflo® Mobile+. Transflo® Mobile+ is a mobile scanning solution for speedy document delivery and provides Users with a new way to electronically submit trip documentation directly to Landstar using a smartphone, tablet, phablet or other similar smart device. Transflo® Mobile+ is currently available for download through the Apple App Store and the Android App Store. The charges set forth below apply to the use of Transflo® Mobile+ to submit trip documentation to Landstar:
Electronic Transmission of Trip
Documentation via Transflo® Mobile+ $2 per freight bill
More information about the program is available online at: www.pegasustranstech.com/mobile-plus.
(c) Other options. User may, at its sole discretion, elect to participate in other Electronic Transmission of Trip Documentation Programs offered by Landstar or other Landstar-approved vendors. These programs allow Users to send shipment-related documentation electronically to Landstar from devices capable of interfacing electronically with Landstar as well as selected truck stops and other participating facilities and locations. Unless otherwise provided in writing, a charge of $2.00 per freight bill will apply to use by User of any other Electronic Transmission of Trip Documentation Programs offered by Landstar or any other Landstar-approved vendor. In addition, unless otherwise provided in writing, when sending documents to Landstar electronically using a service other than DirectScan or Transflo® Mobile+, User must use a Landstar-provided SCAC Bar Coded Cover Sheet. If User fails to use the appropriate cover sheet, Landstar is hereby authorized to charge an additional administrative fee of $0.50 per freight bill.
(d) In connection with the use of DirectScan, Transflo® Mobile+ and any other Electronic Transmission of Trip Documentation Program offered by Landstar or a Landstar-approved vendor, User represents and warrants to Landstar that, to the extent User is not himself or herself under contract with Landstar in his or her own name, as applicable, User is a duly authorized representative of and vested with the requisite authority to incur the charges set forth herein on behalf of the individual, motor carrier, broker or other entity under contract with Landstar that will incur and be responsible for all charges set forth herein in connection with the use by User or any person affiliated with User of DirectScan, Transflo® Mobile+ or any other Electronic Transmission of Trip Documentation Program offered by Landstar or a Landstar-approved vendor in which User elects to participate.
22. Term and Termination.
(a) The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or Landstar as set forth in this Section 22.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Landstar may terminate this Agreement at any time without notice in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and any cloud storage or backup locations where references to or copies of the Application may be contained.
(e) Termination will not limit any of Landstar' rights or remedies at law or in equity.
23. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LANDSTAR, ON ITS OWN BEHALF AND ON BEHALF OF LANDSTAR AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LANDSTAR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH YOUR MOBILE DEVICE, ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. LANDSTAR INTENDS TO EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
24. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LANDSTAR OR LANDSTAR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LANDSTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. LANDSTAR INTENDS TO LIMIT ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
25. Indemnification. You agree to indemnify, defend, and hold harmless Landstar and Landstar Affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
26. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
27. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
28. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
29. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Jacksonville and Duvall County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
30. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
32. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
33. Date. The date the End User License Agreement was last modified was January 20, 2022.