Pegasus Transtech, LLC
Terms of Service
Effective Date: July 21, 2020
These Terms of Service (these "Terms") apply to the websites and applications (the "Services") operated by Pegasus Transtech, LLC and its affiliates ("Transflo" or "we"). The terms "you" and "user" refer to anyone who accesses the Services.
Please read these Terms carefully before using the Services. BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
✔ YOU HAVE READ AND UNDERSTAND THESE TERMS;
✔ YOU AGREE TO AND WILL COMPLY WITH THESE TERMS; AND
✔ YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.
1. When do these Terms apply?
These Terms apply to Transflo's mobile application (the "Transflo App"), any electronic logging device to which the Transflo App connects, https://www.transflo.com/, and any of the Services in which these Terms are posted or linked. These Terms do not apply to any application, website or other service that does not display or link to these Terms.
Certain users' rights to use the Services also may be governed by Transflo's agreements with its customers ("Customer Agreements") or licensors or suppliers. If a provision of a Customer Agreement of other third-party agreement conflicts or otherwise is inconsistent with a provision of these Terms, then the provision of the Customer Agreement or applicable third-party agreement will prevail to the extent of the conflict or inconsistency.
2. Will these Terms ever change?
The Effective Date of these Terms is set forth at the beginning of these Terms. As we add new features and improve the Services, we may revise or supplement these Terms. We will provide you with advance notice ofany revision to these Terms that we believe is material by sending you an email and/or posting a notice in the Services. We will not make revisions that have a retroactive effect, unless we are required by law or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms. As of the Effective Date, these Terms supersede all previous versions of or agreements, notices or statements about these Terms.
3. How does Transflo collect and use information ?
4. What restrictions apply to use of the Services?
For certain Services, you are required to register for an account and select a password and username ("Transflo User ID"). You promise to provide us with accurate, complete and updated information about yourself.
Please do not select as your Transflo User ID (a) a name that you do not have the right to use or (b) another person's name with the intent to impersonate such person. You may not transfer your Transflo User ID to anyone else without Transflo's prior written permission. Please do not share your Transflo User ID or password with anyone. You are responsible for the security of your Transflo User ID and password and any activity associated with your account.
As long as you comply with these Terms, Transflo and its licensors grant you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Services and the materials displayed or available on or through the Services, including information, recommendations, text, graphics, data, articles, photos, images, illustrations and User Information (as defined in Section 5 below) (collectively, "Content"). This license includes the right to download, install and use the Transflo App for use on your personal mobile device or tablet. Transflo does not in any manner warrant or represent that any Content is appropriate or available for use in any particular location. If you choose to access Content, you are responsible for compliance with all applicable laws.
Unless expressly authorized by Transflo, you will only use the Services for your own personal, non-commercial use. You will use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws or these Terms, then you are not authorized to use the Services. Transflo cannot and will not be responsible for you using the Services in a way that breaks the law.
You represent, warrant and agree that you will not use the Services in a manner that:
(a) Infringes or violates the intellectual property or other rights of any person or entity (including Transflo and its licensors);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
(d) Jeopardizes the security of your or anyone else's account ( e.g., by allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password or other security information from any other user;
(f) Breaches, tests, circumvents (or attempts to breach, test or circumvent) any security protection or access management feature in the Services or otherwise attempts to gain unauthorized access to the Services or the computer systems or networks of Transflo or the third parties that help Transflo provide the Services;
(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services or any process that runs or is activated while you are not logged into the Services or that otherwise interferes with the ordinary workings of the Services, including by placing an unreasonable load on the Services' infrastructure;
(h) Crawls, scrapes, indexes or extracts web data from any part of the Services;
(i) Copies or stores any significant amount of Content;
(j) Uses the Services to send unsolicited messages or advertisements through comment functions available on the Services;
(k) Distributes, rents, sublicenses, leases, lends, sells, resells, assigns, transfers, transmits, streams, broadcasts or otherwise makes available or exploits any features or functionality of the Services, including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
(l) Negligently, recklessly, knowingly or intentionally transmits or uploads any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or any other programs that may be harmful or dangerous;
(m) Reformats or frames any portion of the webpages that are part of the Services without Transflo's written consent;
(n) Competes or intends to compete with Transflo, including through any distribution of any Content or a derivative work based thereon;
(p) Decompiles, reverse engineers, decodes or otherwise attempts to derive or obtain the source code or underlying ideas or information of or relating to the Services (unless applicable laws specifically prohibit such restriction); and
(q) uses the Services while operating a vehicle. Please remember that actively using an application on a mobile phone while driving is illegal and may result in citations and fines. Transflo will not be liable in connection with any claim arising from your use of the Services while operating a vehicle.
A violation of any of the above restrictions is grounds for termination of your right to use or access the Services.
You are responsible for the software, hardware and internet or telephone service that you need to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of the Services through your device.
Based on your device settings, when your device is connected to the internet, either the Transflo App will automatically download and install all available updates or you may receive notice of, or be prompted to download and install, available updates. Please promptly download and install all updates to ensure that the Transflo App operates properly.
5. Who owns the Services?
All proprietary rights in the Services (including Content) are and shall remain the sole and exclusive property of Transflo and its licensors and suppliers. As between you and Transflo, Transflo owns the Services.
The Services are protected by copyright in addition to other intellectual property laws. The trademarks, service marks, trade names, trade secrets, logos or other proprietary rights displayed through the Services may be registered or unregistered marks of Transflo or others. You do not have a license or right to use any of the trademarks, service marks or logos displayed through the Services, unless you have the express written permission of the applicable owner of the trademarks, service marks or logos.
You promise to abide by all copyright notices, trademark rules, information and restrictions contained on the Services. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit, for any purpose, any part of the Services not owned by you (a) without the prior consent of the applicable owner or (b) in a way that violates the rights of another person or entity , in each case, including Transflo and its licensors and suppliers. You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notice contained in the Services .
Any Content is provided "as-is," and we are not liable for any errors or omissions therein or for any damages or losses you might suffer in connection therewith. We cannot control and have no duty to take any action regarding how you may interpret and use Content or what actions you may take as a result of having been exposed to Content, and you hereby release us from all liability for you having acquired or not acquired such Content through the Services.
For all User Information, you hereby grant Transflo a license to translate, modify (for technical purposes, including to ensure that your messages are viewable on your mobile device and computer) and reproduce and otherwise act with respect to User Information, in each case, to enable us to provide you with the Services as described in these Terms. This is a license only - your ownership in your User Information is not affected.
If you save or store User Information in your own personal Transflo account in a manner that is not viewable by any other user ("Personal User Information"), you grant Transflo the license immediately above as well as a license to display, perform and distribute your Personal User Information for the purposes of making the Personal User Information accessible to you and providing the Services necessary to do so.
If you send or store User Information in a manner that only certain specified users can view (the "Limited Audience User Information"), then you grant Transflo the licenses immediately above as well as a license to display, perform and distribute your Limited Audience User Information for the purposes of making the Limited Audience User Information accessible to such specified users or other relevant platform users and providing the Services necessary to do so. Also, you grant any such specified users a license to view and access the Limited Audience User Information, and to use and exercise all rights in such Limited Audience User Information, as necessary, to provide the Services to you.
You may be able to share User Information so that more than just you or certain specified users can view such User Information on the Transflo App or otherwise through the Services. If you share User Information in this manner or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Transflo (a) the licenses in this Section 5, (b) a license to display, perform and distribute any Public User Submission for the purposes of making such Public User Submission accessible to all Transflo users and providing the Services necessary to do so, and (c) all other rights necessary to use and exercise all rights in such Public User Submission in connection with the Services and/or otherwise in connection with Transflo's business. Also, you grant all other users of the Services a license to access such Public User Submission and to use and exercise all rights in it, as permitted by the functionality of the Services. You may not input or distribute any material through a Public User Submission or otherwise through the Services that is promotional in nature, including solicitations for funds or business, in each case, without the prior written authorization of Transflo.
You agree that the licenses you grant are royalty-free, perpetual,sub-licenseable, irrevocable and worldwide . When you delete your Transflo account, we may continue to use aggregated data derived from your User Information for the purpose of creating, improving or developing the Services . You understand that Transflo has the right (but not the obligation) to review, edit or delete User Information that we deem to be illegal, offensive or otherwise inappropriate.
You understand and agree that Transflo, in performing the required technical steps to provide the Services to our users, including you, may need to make changes to your User Information to conform and adapt the User Information to the technical requirements of connection networks, devices, services or media, and the foregoing licenses include the rights to do so.
6. Linked Services.
Transflo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies or practices of or opinions expressed in Linked Services with which you interact through the Services. Transflo will not and cannot monitor, verify, censor or edit the content of Linked Services. By using the Services, you accept the risks of and release and hold harmless Transflo from any and all liability arising from your use of Linked Services.
You understand and agree that Transflo is under no obligation to become involved in any dispute among users or between users and a third party. If you have a dispute with another user, you release Transflo and its licensors and their officers, members, managers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the dispute or the Services.
7. Will Transflo ever change the Services?
We are always trying to improve the Services. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content or User Information from the Services at any time, for any reason, in our sole discretion and without notice. Transflo is not under any obligation to update any Content following publication in the Services.
8. Do the Services cost anything?
In most cases, the Services are available to individual drivers at no cost, but your employer or the other person or entity for which you provide a fleet identification number in your use of the Services pays fees to Transflo for your use of the Services. If a new or changed fee applies in the future, we will notify affected usersat least 10 days in advance .
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an "as is" basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT (A) TRANSFLO USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND (B) YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
9. What if I want to stop using the Services?
You may terminate your account and stop using the Services at any time for any reason by contacting us at email@example.com.
Transflo reserves the right to immediately suspend or terminate your Transflo User ID and access to the Services without notice (a) if Transflo believes you violated these Terms, (b) if the Customer Agreement through which you have access to the Services terminates for any reason, or (c) at the direction of our customer. Transflo reserves the right to notify your employer or other users about the termination of your access to the Services, and Transflo has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of User Information associated with your account. To the extent allowed by law and these Terms, we will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Information you may have stored in your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security or otherwise harmful to the rights or property of Transflo.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org - we will try to help, but, unfortunately, we cannot promise that we can recover or restore anything.
You can stop all collection of information by the Transflo App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined in Section 10 below). You can stop collection of information by any of the other Services by ceasing to use such Services.
Provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination, including any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights and any terms regarding disputes with us, our licensors or suppliers.
10. What else do I need to know?
Warranty Disclaimer . Neither Transflo nor its licensors or suppliers make any representations or warranties concerning any Content, and we will not be responsible or liable for the accuracy, copyright compliance or decency of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from Transflo or any third party, unless, with respect to such third parties only, provided expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES AND CONTENT ARE PROVIDED BY TRANSFLO AND ITS LICENSORS AND SUPPLIERS ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability . TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, TRANSFLO AND ITS LICENSORS AND SUPPLIERS, AND ITS AND THEIR REPRESENTATIVES AND AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITYHOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (THE "TRANSFLO PARTIES"), WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE TRANSFLO PARTIES' LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE TRANSFLO PARTIES' LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED, IN EACH CASE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Transflo and its licensors and suppliers would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability
Assignment . You may not assign, delegate or transfer these Terms, or your rights or obligations hereunder, or your Transflo ID in any way (by operation of law or otherwise) without Transflo's prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.
App Platform Terms . When you download the Transflo App from a third-party app store (the "App Platform"), you acknowledge and agree that:
(a) These Terms are an agreement between us and not with the App Platform. As between Transflo and the App Platform, Transflo is solely responsible for the Transflo App.
(b) The App Platform has no obligation to provide any maintenance and support services with respect to the Services.
(c) In the event of any failure of the Transflo App to conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the applications to you, if applicable, (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Transflo App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Transflo and the App Platform, Transflo's responsibility.
(d) The App Platform is not responsible for addressing any claims you have relating to the Transflo App or your possession and use of the Transflo App.
(e) If a third party claims that the Transflo App infringes upon another party's intellectual property rights, as between the App Platform and Transflo, Transflo is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(f) The App Platform and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Transflo App. Upon your acceptance of the conditions of these Terms, the App Platform will have the right, and will be deemed to have accepted the right, to enforce these Terms as they relate to your license of the Transflo App against you as a third-party beneficiary thereof.
(g) You must comply with all applicable third-party terms of service when using the Transflo App.
Governing Law; Dispute Resolution . These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of laws provisions thereof except where prohibited by applicable law.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with JAMS' rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Despite the provisions of this Governing Law; Dispute Resolution sub-section, you and Transflo agree that nothing in these Terms will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state or local agency; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of the Services or address an intellectual property infringement claim
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TRANSFLO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If Transflo makes any future material change to this arbitration provision, you will receive notice at the email address associated with your account or by other reasonable means. You may reject such change by sending us written notice to the address set forth below within 30 days after the Effective Date that applies to such change. Following your rejection of any such change, your account with Transflo may be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If any provision of this Governing Law; Dispute Resolution sub-section is unlawful, void or unenforceable for any reason, then such provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect .
US Government Rights . The Services are commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the United States government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under such 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 its contractors, or (b) 48 C.F.R. § 12.212, with respect to all other United States government licensees and their respective contractors.
Miscellaneous . You will be responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services, if any; provided, that Transflo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Transflo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Transflo and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of Transflo, and you do not have any authority of any kind to bind Transflo in any respect whatsoever. If Transflo is or you are prevented from or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, such affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English, whether translated by a person or solely by computer software, the English language version controls. Except as expressly set forth in the App Platform Terms sub-section above, you and Transflo agree there are no third-party beneficiaries intended under these Terms.
NOTICE TO CALIFORNIA RESIDENTS . BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is Pegasus Transtech, LLC with its principal place of business located at 201 North Franklin Street, Suite 1700, Tampa, Florida 33602.
If the Services are deemed an electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of email@example.com.
Questions about these Terms?
If you have any questions, comments or concerns regarding these Terms or the Services, please contact us firstname.lastname@example.org