WEBSITE TERMS OF USE AND PRIVACY POLICY

MoLo Solutions (“MoLo”) provides website features to you subject to the following conditions. If you visit shipmolo.com you accept these conditions. Please read them carefully. In addition, when you use any current or future MoLo service or business, you will be subject to both this Website Terms of Use and Privacy Policy agreement and the guidelines and conditions applicable to such service or business. MoLo reserves the right, at its sole discretion, to change, modify and/or add to these Website Terms of Use or the Privacy Policy, in whole or in part, at any time, without notice. You agree to review the Website Terms of Use and Privacy Policy periodically to become aware of any changes.

WEBSITE TERMS OF USE

Intellectual Property and Restrictions on Use of Information and Content

All information and content provided on this website, whether explicitly marked or not, is the property of MoLo and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by MoLo and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content or marks available on this website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of MoLo. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on this website. You may not use MoLo’s marks in connection with any product or service that is not MoLo’s, or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the website grants, or should be construed as granting, any rights with respect to any marks.

You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the website, or reproduce or circumvent the navigational structure or presentation of the website, without MoLo’s express prior written consent. You must not interfere with or disrupt the operation of the website or the servers or networks used to make the website available, including by hacking or defacing any portion of the website; or violate any requirement, procedure or policy of such servers or networks.

Nothing contained in these terms and conditions or on the website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of MoLo or with respect to any MoLo information, software, services or content, except as expressly set forth above.

Any use of the information, content or marks available on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

Submissions

We welcome your comments regarding MoLo. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications”) sent to MoLo shall be and remain the exclusive property of MoLo. Your submission of any such communications shall constitute an assignment to MoLo of, and you hereby assign and agree to assign to MoLo, all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. MoLo will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Third-Party Sites

Shipmolo.com may link to and/or contain advertisements about non-MoLo owned or controlled websites or other internet resources. MoLo neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that MoLo does not endorse or sponsor such other third-party websites or other internet resources and MoLo expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.

Your participation, correspondence or business dealings with any third party found on or through shipmolo.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MoLo shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

Disclaimer of Warranties and Limitation of Liability

YOU USE THIS WEBSITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

IN NO EVENT WILL MOLO, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF MOLO, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Without limiting the above disclaimers, MoLo, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning this website or any other internet site, the access to, or the availability or use of, this website or any other internet site, the information and content from whatever source posted on or referred to in this website or any other internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

PRIVACY POLICY

MoLo’s privacy policy governs how we collect and use personal information.

Collection of Information

Personal Information about Customers

In the course of inquiring about or using MoLo’s services, including registering on or using our website you may be asked for, among other things, the following personal information: your name, e-mail address, postal address, telephone number, fax number, business contact information, communication preferences and other registration information. MoLo may also request payment information that, in some cases, may constitute Personal Information.

Personal Information about Carriers/Drivers

In the course of inquiring about or moving loads, or registering on or using our services, you may be asked for, among other things, the following personal information: your name, e-mail address, postal address, telephone number, business contact information, docket information, carrier number, truck/equipment type, other registration information, driver’s license information, driver history, insurance information, and service profile information. MoLo also obtains basic carrier information from public or other third-party sources; this information may include personal information, such as contact details of carrier representatives, as well as carrier insurance information.

Sharing of Information

MoLo respects and values the relationships we build with our customers and carriers. We do not sell personal information to other websites or businesses.

Communication Preferences and Control Over Information

MoLo may send you communications by email, mobile text (SMS) messaging, telephone calls, or push notification. MoLo may also send emails to customers (including their employees) that promote the same kinds of products and services MoLo is presently providing them, or similar kinds of MoLo products and services that may be of interest to them.

If you have any questions or concerns about the type of personal information MoLo has about you, would like to change/correct any personal information, or request that MoLo delete any personal information, you may contact us via the email address or phone number given on our website. You may also opt out of any future communications from MoLo at any time. We will try to comply with your request(s) as soon as reasonably practicable.

Third Party Advertising

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use this website or online services. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use MoLo’s website. You may receive advertisements based on information relating to your access to and use of this website and other websites or online services on any of your devices, as well as on information received from third parties. These companies may place or recognize a unique cookie on your browser. They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

Information Security

Securing your personal information is important to MoLo. The personal information we collect is stored within databases that we control directly or through our service providers. MoLo will exercise all reasonable efforts to safeguard the confidentiality of personal information, such the use of firewalls and encryption technology consistent with industry standards. However, no transmission can be absolutely secure. Accordingly, MoLo shall not be liable for unauthorized disclosure of personal information due to no fault of MoLo, including, but not limited to, errors in transmission and unauthorized acts of MoLo staff or third parties.

EUROPEAN RESIDENTS

If you are a resident of the European Economic Area (“EEA”), the following additional provisions apply to our processing of your Personal Information; in the event the United Kingdom withdraws from the European Union, these additional provisions will also apply to UK residents after such withdrawal. For such residents, the provisions of this EEA Addendum prevail over conflicting provisions of the Privacy Policy.

Data Subject Rights

If you are an EEA resident, you have rights as a data subject under applicable data protection law. You may exercise these rights, in accordance with applicable law, free of charge or (where warranted) for a reasonable fee. These rights include:

the right to request access to your Personal Information;
the right to receive a copy of your Personal Information for purposes of transmitting it to another company;
the right to have your Personal Information corrected or erased or restricted;
the right to withdraw any consent you have provided to our processing of your Personal Information;
the right to object to our processing of your Personal Information, including profiling.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation. You may request to exercise these rights by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.