Terms of Use & Privacy Policy

This Terms of Use Agreement (these “Terms”) is a legal agreement between you and MODE Transportation, LLC (“MODE”, “we”, “us”, “our”).  These Terms govern your use of any website where they are posted and any content, information, materials and services on any website where they are posted (“Site”).

You signify your assent to these Terms by using the Site. Please do not use or continue to access the Site if you do not agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified agreement you should immediately discontinue your use of the Site. We encourage you to review these Terms whenever you use the Site.

These Terms contain a binding dispute resolution and waiver of class action claims clause. Please read it carefully as it affects your rights.

Your Use of the Site

You are responsible for your use of the Site. You may only use the Site in compliance with these Terms, any agreement entered into by your employer (if you were granted access to the Site through a corporate or enterprise agreement), and all applicable laws and regulations. You are solely responsible for your interactions with other users and you agree that MODE is not responsible or liable for any act, omission, or conduct of any other user. You must have a representative authorize your use of the Site if you are not of legal age to form a binding contract with us (age 18 in most states). You represent and warrant that you have the legal authority to represent any person that you allow to use the Site or give access to the Site.  You understand and agree that you are fully responsible for that person’s use of the Site and the consequences of that person’s misuse of the Site or violation of these Terms.

Your Account

You do not have to have an account to view or use some features of the Site; however, you may be required to have an account to access certain functions and features of the Site. Depending on the feature of the website you are using, you may be allowed to select your username or, in certain instances, we will select your username for you. If you select your own username, it must be appropriate and not offensive. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.

Your account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes.

The Site may allow you to store your login credentials so that you can be automatically logged in each time you access the Site. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your account. You are responsible for all damages resulting from unauthorized access to the Site from your account. You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.

Privacy

MODE’s Privacy Statement applies to your use of the Site and is incorporated into these Terms. Please review MODE’s Privacy Statement and related information about your privacy and MODE’s use of your personal information.

Communicating Electronically

You agree to receive electronic communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. We may provide notices to you via email or by posts on the Site, and those notices are effective on the date that we send or post them.

Content

You may be able to use the Site to upload, transmit, post, send, or receive content. Except as otherwise provided in a separate agreement between you and MODE, we do not claim ownership rights in your content, but by uploading, transmitting, or posting content to the Site, you hereby grant to us a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating your content as part of providing the Site and our services. This license extends to our affiliates and third party service providers that we work with to provide the Site and our services. You represent and warrant that you have all rights and authority to grant us the license herein to your content.

You are responsible for your content and for the consequences and liability related to or connected with your content and your use of any content you access or obtain through the Site. You agree that you will follow any policies that we make available to you regarding your content. We do not pre-screen or approve content but we reserve the right to do so. We may remove content in our sole discretion, for any reason whatsoever, and without liability to you or any other person, including if we believe the content is infringing, offensive, objectionable, or illegal. 

Your License to Use the Site

We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Site for your own personal, non-commercial purposes, subject to your agreement to and compliance with these Terms. We reserve all rights not otherwise expressly granted by these Terms.

You may not: rent or sell the Site to a third party; copy or reverse engineer the Site; create derivative works of the Site or information, material, or content on the Site; change or alter the Site, including, without limitation any content, materials, notices, or other information on the Site; use a bot or other automatic process to harvest or scrape information, material, or content on the Site; introduce a virus, Trojan horse, or malicious code into the Site; use the Site to upload, transmit, store, or share malicious, threatening, misleading, or false content; use the Site to violate a third party’s intellectual property rights; send advertisements or spam using or through the Site; use the Site to create a competing service; or engage in any activity that violates these Terms or any applicable law or regulation.

Usage and Limitations

We do not guarantee that the Site will be compatible or operate with your computer, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or use the Site. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of the Site. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Site and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services. We will not be liable for any damage to your computer, mobile device, or other equipment or technology caused by or related to the Site.

The quality and availability of the Site may be affected by factors outside of our control because the Site is provided over the Internet. We will not be liable for damages or losses related to the Site being unavailable for any reason, including but not limited to, our right to shut down the Site, either temporarily or permanently, in our sole discretion.

Our Rights and Ownership

We may discontinue or alter any aspect of the Site, restrict the time the Site is available, install bug fixes, updates, patches, and other upgrades to the Site, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Site if you do not want a modification we make to the Site.

The Site is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by these Terms or disseminated or distributed to any other person. Our images, trademarks, service marks, logos and other content that we display in the Site and all accounts, features, functionality, and components of the Site is our property. Third party materials in the Site are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of these Terms.

Feedback

We welcome your comments, feedback, information, or materials regarding the Site or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish, and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

Disclaimers

To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that the Site or any information, material, or content on the Site will be malware or virus free. We specifically disclaim any representations that the Site or any information, material, or content on the Site will meet your requirements, that access to or operation or use of the Site will be uninterrupted or error free, that defects in the Site, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Site is provided “as is” and “as available” and we do not guarantee availability of the Site’s uptime. We do not warrant or represent that use of the Site or any information, material, or content on the Site will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.

Limitation of Liability

To the fullest extent permitted by law, under no circumstance will MODE be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, MODE’s total liability for any claims under these Terms, including for any implied warranties, is limited to $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not MODE has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Site, your breach or alleged breach of these Terms, your unauthorized use of User Content, unauthorized use of your account, or your violation of any rights of any other person.

Termination

These Terms are effective until you or MODE terminates it. You may terminate these Terms at any time by discontinuing your use of the Site. We may terminate these Terms at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Site and delete your account. Deletion of your account may result in the forfeiture and destruction of all information associated with your account. Termination of these Terms will not affect any right or relief to which we are entitled at law or in equity. Upon termination of these Terms, you must terminate all use of the Site and any information or materials that have been provided to you. The terms and conditions in these Terms that by their nature and context are intended to survive any termination of these Terms will survive such termination and will be fully enforceable thereafter.

Dispute Resolution

This section affects your rights. Please read it carefully.

Any dispute or claim relating in any way to your use of the Site that cannot be resolved between you and MODE will be finally and exclusively resolved by non-appearance based binding individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes. You and MODE hereby expressly waive trial by jury. You may assert your claim in small claims court if your claim qualifies. You may only bring claims on your own behalf. You and MODE agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. This arbitration agreement will survive the termination of your relationship with MODE. You and MODE agree that you or MODE may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

MODE Transportation, LLC
ATTN: General Counsel
17330 Preston Road
Dallas, Texas 75252

Links

The Site may contain links to other websites or applications. These links are provided for your convenience only. These Terms only applies to the Site and not to any website or application that we do not own. You agree that we are not responsible or liable for the availability or security of any third party website or any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with or resulting from, your use of or reliance on any such third party website or the content, goods, or services available on or through any such third party website. We encourage you to carefully read the terms of use for any third party website or application before you access or use any such third party website or application.

Compliance with Non-U.S. Law

We do not make any representation that the Site or any information, material, or content on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or any information, material, or content on the Site in violation of United States export laws, regulations, or restrictions. If you access the Site or any information, material, or content on the Site from outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law and Other Miscellaneous Terms

These Terms and any claim related thereto will be governed by the laws of the State of Texas without reference to its conflicts or choice of law principles. All claims and disputes arising under these Terms will be brought solely in any court located in Dallas, Texas. You irrevocably submit and consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

These Terms controls the relationship between MODE and you. These Terms do not create any third party beneficiary rights.

Our failure to enforce the provisions of these Terms does not constitute a waiver of our right to enforce them.

If any term or provision of these Terms are held to be invalid or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of these Terms.

In the event of a conflict between these Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.

Digital Millennium Copyright Act

We respect the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent for Notice of Claims of copyright infringement at mode.notices@modetransportation.com.   

Contact Us

If you have any questions or would like further clarification about the Site or these Terms, please contact us at mode.notices@modetransportation.com.

 

Privacy Statement Regarding Customer and Online User Information

This Privacy Statement  applies to MODE Transportation, LLC and its subsidiaries (“MODE”, “we”, “us”, “our”) regarding customer and online user information collected through this website (“Site”). This Privacy Statement does not apply to any website owned or operated by our business partners or any other third parties, even if their websites are linked to or from this Site. We recommend you review the privacy statements of the other parties and websites with which you interact. This Privacy Statement should be read in conjunction with this Site’s Terms of Use, as this Privacy Statement is incorporated therein by reference.

We are committed to maintaining robust privacy protections for Personal Information we collect from our customers, carriers, agents, and other online users (“you” or “your”), as well as information we automatically collect from your online visits (e.g., data collected via cookies). This Privacy Statement is designed to help you understand how we collect, use, and safeguard the Personal Information (defined below) you provide to us and to assist you in making informed decisions when using the Site.

We reserve the right to modify this Privacy Statement at any time. We will post notice of modifications to this Privacy Statement on this webpage . You are responsible for periodically checking this webpage for changes to this Privacy Statement. Changes to this Privacy Statement will be effective immediately but will not apply retroactively.

This is an important document. Please read it carefully.

Information We Collect

We may collect two types of information from you when you use the Site:

  • Information that you provide to us; and
  • Information we collect automatically when you use the Site.

In some cases, if you chose not to provide us with requested information, you may not be able to use certain functions or features of the Site. 

Information you provide to us

We collect information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site (including, but not limited to, newsletters, surveys, or mailing lists), communicate with us (including, without limitation, by providing us with suggestions through the Site, posting content or material to the Site, submit an application for employment, or if you send us information via email through the Site). “Personal Information” includes, but is not limited to, your name, email address, phone number, mailing address, business contact information, birthdate, gender, your IP address, and payment information. We may collect other types of information that may be categorized as Personal Information from you for other purposes and when we do, we will tell you why we are collecting your Personal Information and how it will be used.

Information we automatically collect when you use the Site

Whenever you access or use the Site, we may automatically receive and record information (including, but not limited to, geo tracking and location services) from your computer or mobile device.  This information may include, but is not limited to: the device you use to access or use the Site, the platform, browser or operating system installed on your device, the webpages you visit on the Site, the files you viewed, and the website form which you navigated to the Site (together, “non-identifiable information”).

We may also collect information through the use of cookies, web beacons, pixels, and other technology. See the section labeled “Cookies and Internet Advertising” below for more details.

How We Use Your Personal Information

We may use your Personal Information:

  • For the specific purpose for which it was collected;
  • To provide the Site to you;
  • To respond to your requests for customer or technical support;
  • To alert you of new products or services, features, or enhancements (i.e. marketing);
  • To contact you regarding your use of the Site;
  • For analytics and marketing information
  • To process your employment application;
  • As permitted by law; and
  • For any other purpose with your consent.
When We May Share Your Personal Information

We may disclose your Personal Information to third parties as described below:

  • We may disclose your Personal Information when we have your consent.
  • We employ other companies and people to perform tasks on our behalf and we may need to share your Personal Information with them to provide the Site to you, to respond to your technical support questions, to provide customer support, to conduct background checks if you submit an application for employment, or to otherwise assist us with the Site. Unless we tell you differently, they do not have any right to use your Personal Information beyond what is necessary to assist us.
  • We may disclose your Personal Information at the request of law enforcement or government agencies, in response to subpoenas, court orders, or other legal process, or as otherwise required by any law, rule, or regulation to which we are subject. We may also disclose your Personal Information to protect the rights, property, or safety of another person or to prevent fraud. We may disclose your Personal Information to investigate or prevent your violation of any contractual or other relationship with us or your illegal or unlawful activities.
  • In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.

How We Use and When We Share Non-Identifiable Information

We may use and disclose non-identifiable information for any lawful purpose without any obligation or accounting to you. When we do so, we will take reasonable measures to ensure that the non-identifiable data does not and cannot be used to later identify you.

Payment Information

Payments may be handled by third party payment transaction services. Please refer to their respective privacy policies for more information about how they use and protect your payment information.

Third Party Login Technology

We may allow you to use a third party managed account to log in to the Site. If you elect to use a third party managed account to log in to the Site, you authorize us to collect your authentication information, such as your user name (which might be your email address) and encrypted access credentials. We will use this information to log you in to the Site and to provide related services to you.

We may enable functionality that allows you to share content to your social media account, which may be seen publicly depending on your social media account privacy settings. We do not have the ability to post to or share information on any of your social media account. We do not control any of these social media services and you expressly acknowledge and agree that Company is in no way responsible or liable for any such social media services or features and that you share content from the Site on your social media account at your own risk.

Cookies and Internet Advertising

We may use cookies or other tracking technologies to track when and how you use the Site. We use the location data to understand where our user base is geographically. We do not share any location data with third parties. Our partners may also transmit cookies to your web browser, application, or mobile device when you visit the Site. Clicking on a link to a third party website from the Site may also allow that third party website to also transmit cookies to you.

We may also use “web beacons” (i.e. “web bugs” or “single–pixel” or “clear” GIFs) on the Site. Web beacons allow ad networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies just as if you had requested a web page from their website.

You may adjust your web browser settings if you do not wish to receive cookies or web beacons but this may prevent you from taking advantage of some of the functions and features on the Site. You may also request to opt-out of an advertiser’s use of cookies by visiting the National Advertising Initiative or the Digital Advertising Alliance.

Managing Your Personal Information 

You can contact us at mode.notices@modetransportation.com to find out if we hold any Personal Information about you. You may request that we update, correct, deactivate or delete your Personal Information.

We may not be able to delete all of your personal data because of laws, rules, or regulations applicable to us or because of our legitimate business interests. Your personal data may reside in our backup archives temporarily after we delete your personal data from our production system. We may retain aggregated, anonymous data derived from your Personal Information or use of the Site after your account or Personal Information is deleted.

We may periodically send you newsletters or marketing material via email. You can opt-out of our marketing materials by managing your communication preferences in your account or by following the unsubscribe instructions provided in each email. We may continue to send you administrative emails even if you indicate that you no longer wish to receive promotional email from us.

Consumers Outside of the United States

Our Site is available to consumers and businesses outside of the United States. We cannot guarantee Personal Information or other information collected from you or accessed by us will meet privacy requirements in any jurisdiction outside the United States The Site is hosted in the United States and is governed by United States law. If you are using the Site from outside the United States, please be aware that your Personal Information will be transferred to, stored, and processed in the United States. By using the Site, you consent to your Personal Information being transferred to the United States.

California Privacy Rights

Shine the Light. Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us once per calendar year information about the information that we shared with other businesses for their own direct marketing uses. If applicable, this information would include the categories of information and the names and addresses of those businesses with whom we shared information for the immediately prior calendar year. To obtain this information, please contact us at mode.notices@modetransportation.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response. We may ask for additional information to verify your identity.

Do Not Track Signals. Some web browsers may transmit “do not track” signals to websites. The Site does not currently recognize or respond to do not track signals.

Consumer Rights Notice. Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:

  • This website is owned and operated by MODE Transportation, LLC.
  • Unless otherwise expressly stated, this website is provided without charge.
  • To file a complaint regarding this website or to receive further information regarding use of this website, please send a letter to or contact us via email at mode.notices@.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210. 

Children’s Privacy

We do not knowingly collect Personal Information from children under the age of 13. If you believe that a child under the age of 13 has provided Personal Information to us, please contact us at mode.notices@modetransportation.com and we will remove the Personal Information from our systems.

How We Protect Your Information

We take reasonable steps to maintain the security of the Personal Information we collect from you. However, no data transmission over the Internet is completely secure and accordingly, we cannot guarantee the security of any information that you transmit to us, so you do so at your own risk.

Links to Other Websites

The Site may contain links to other websites or applications. This Privacy Statement only applies to this Site and not to any other website or application. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.  We encourage you to carefully read the Privacy Statement of any third party website or application before you provide your Personal Information to those third parties.

Contact Us

With questions, comments, or concerns regarding this Privacy Statement or MODE’s collection or use of Personal Information, please contact us at mode.notices@modetransportation.com.

17330 Preston Road, Suite 200 C
Dallas, TX 75252-6035
Phone: 972-447-0075