Freight EcoDrive Terms of Service
The following supplemental terms and conditions (“Terms”) govern your use of our application Freight EcoDrive (“App”). These Terms are supplemental to the Standard Licensed Application End User License Agreement (“EULA”). In the event of a conflict between the terms of the EULA and these Terms, the terms of these Terms shall control.
Our App is designed for use by drivers during the operation of a freight, heavy, or commercial vehicle in a safe and non-distracting manner. Our App is not intended to be used by the public or for personal or light-duty vehicles. App users must register to use the app at https://freightpriority.com and adhere to any additional terms and conditions of the NCTCOG Freight Vehicle Optimization project. The App will only work in the greater Dallas-Fort Worth Metroplex, where service is available.
By using our App, you agree to operate the vehicle in a safe and non-distracting manner. We recommend that you use the App in a hands-free manner and always in compliance with all laws and regulations that apply to the operation of a mobile device while driving in the jurisdiction where you are using the App.
Our App is designed to provide you traffic signal timing predictions, advisory speeds, freight signal priority, and related services based on your GPS location, or any other location given. These data are a combination of public information collected from several public and government sources and private third-party data (collectively “Data”). Such data should only be used for general information purposes. Data displayed through the App should not be considered as (i) legal advice or (ii) a recommendation that you undertake or refrain from undertaking a specific course of action or conduct. We do not warrant the accuracy, completeness, or usefulness of the Data. Any reliance you place on such Data is strictly at your own risk. Live or real-time travel times, traffic signal timing, travel speeds, and App location (collectively “Live Data”) may be displayed on the App as part of our services. You understand that Live Data are estimates that constantly change based on the flow and demand of traffic, accuracy of data reported by public, government, and third-party sources, and other matters outside of our control. We make no representation that the Live Data displayed on the App will accurately represent your experience while operating a motor vehicle. Your use of this real time route guidance application is at your sole risk. Location data may not be accurate.
We disclaim all liability and responsibility arising from any reliance placed on such Data or Live Data by you or any other user of the App, or by anyone who may be informed of any of the App’s content. You should always defer to the posted road signs and traffic signals as the final authority for your specific location. For example, if you are involved in an accident while using the App, or receive a ticket for exceeding the posted speed limit while using the App, or drive through a red light or stop sign while using the App, we are not liable to you or anyone else regardless of whether the Data or Live Data on which you relied was accurate, inaccurate, complete, or incomplete.
You agree to defend, indemnify and hold us and our subsidiaries, affiliates and any directors, officers, employees and agents harmless from and against any and all claims, causes of action, demands, recoveries, liabilities, damages, judgments, awards, losses, fines, penalties, costs, expenses or fees (including reasonable attorneys’ fees and accounting fees), arising in any way from or relating to your use of the App, your use of the Data, Live Data or other information displayed through the App, or your breach or violation of the law or of these Terms or the EULA.
An Internet connection is required to use our App and related services, and any charges associated therewith, are your responsibility and made solely at your expense.
All matters relating to the App, the EULA and these Terms and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions. Any legal suit, action or proceeding arising out of, or related to, these Terms, the EULA or the App shall be instituted exclusively in the state or federal courts located in Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
THE APP, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, DATA, LIVE DATA, FUNCTIONS, INFORMATION AND MATERIALS PROVIDED THROUGH THE APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE APP WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE APP OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, SUGGESTION, RECOMMENDATION, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE APP IS CORRECT AND UP TO DATE. WE RESERVE THE RIGHT, WITHOUT OBLIGATION, TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE APP AT ANY TIME AND WITHOUT ANY PRIOR WARNING. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE APP. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. UNDER NO CIRCUMSTANCES SHOULD THE INFORMATION PROVIDED ON THIS APP BE CONSIDERED LEGAL ADVICE.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, DATA, LIVE DATA, MATERIALS AND FUNCTIONS RELATED THERETO, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR ANY FAILURE OR DELAY IN UPDATING OR INCLUDING CONTENT, (B) PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP AND/OR ANY DATA OR ANY LIVE DATA OR SERVICE PROVIDED IN CONNECTION WITH THE APP, AND/OR (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, OR FOR ANY LOSS OR DAMAGE OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO OUR BENEFIT.