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Blog

“What’s Under the Cup? Uncovering the Secrets of LTL Shipments”

“What’s Under the Cup? Uncovering the Secrets of LTL Shipments”

Complete transparency isn’t only about the rates in less-than-truckload (LTL) shipments. Some ... View Post

W.T.F?

W.T.F?

W.T.F. We know what you’re thinking… What The Freight? Did you think we meant something ... View Post

Understanding Multiple Carriers

Understanding Multiple Carriers

Many shippers don’t realize that they are sabotaging themselves in the spot freight market. It is ... View Post

The Watermelon Effect

The Watermelon Effect

Most people have heard of “the butterfly effect” – the idea that a small change in one location can ... View Post

“It’s Trucking Jim – but not as we know it…

“It’s Trucking Jim – but not as we know it…

When we start talking about transparency and partnership pricing, most shippers look at us like ... View Post

10 Questions Your Transportation Provider Prays You Never Ask

10 Questions Your Transportation Provider Prays You Never Ask

Everybody’s promise is the same… lower prices, better service. But when it comes down to truly ... View Post

Transparency – The Next Information Revolution in Logistics

Transparency – The Next Information Revolution in Logistics

  “In the olden days” nobody really knew what their transportation costs were – they didn’t ... View Post

“Truck”parency

“Truck”parency

Right now, our nation’s trust in government, public institutions and those in leadership positions ... View Post

Relationships on the Road

Relationships on the Road

The transportation industry is the backbone of our economy, and it is no secret that life on the ... View Post

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Agreement Continued

RECITALS

A. BROKER is licensed as a Property Broker by the Federal Motor Carrier Safety Administration (FMCSA) in Docket Number MC-324252 or by appropriate State agencies, and as a licensed broker, arranges for freight transportation. A copy of BROKER’s authority, and a copy of BROKER’s Surety Bond or trust fund agreement and insurance policy are available upon request after application is completed; and

B. SHIPPER, to satisfy some of its transportation needs, desires to utilize the services of BROKER to arrange for transportation of SHIPPER’s freight.

NOW, THEREFORE, intending to be legally bound, BROKER and SHIPPER agree as follows:

AGREEMENT

1. TERM. Subject to Paragraph 12, the term of this Agreement shall be one (1) year, commencing on the date shown above, and shall automatically renew for successive one year periods; provided that either Party may terminate this Agreement on 30 days written notice to the other Party, with or without cause, or as otherwise provided in this Agreement.

2. SERVICE. BROKER agrees to arrange for transportation of SHIPPER’s freight pursuant to the terms and conditions of this Agreement and in compliance in all material respects with all federal, state and local laws and regulations relating to the brokerage of the freight covered by this Agreement. BROKER’s responsibility under this Agreement shall be limited to arranging for, but not actually performing, transportation of SHIPPER’s freight. The Parties may, upon written mutual agreement, include additional service terms to be attached as Appendix C. SHIPPER agrees to accept reasonable substitutionary proof of delivery for billing purposes if any CARRIER hired to move the applicable load of freight fails to provide BROKER proof of delivery within 3 days of actual delivery.

Your private information is secured using SSL (Secure Sockets Layer), the leading security protocol on the Internet. Information is encrypted and exchanged with an https server.

We respect your privacy. We will pass your name, address or e-mail address on only to the merchant.

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Privacy Policy

WEBSITE TERMS OF USE

This page contains Vestra Logistics, LLC:

  • WEBSITE TERMS OF USE
  • PRIVACY POLICY
  • VESTRA LOGISTICS, LLC GO END USER SOFTWARE LICENSE AGREEMENT
  • MOBILE TRACKING DRIVER LOCATION SERVICE TERMS

Welcome to the Internet website for Vestra Logistics, LLC “Vestra Logistics“. Vestra Logistics values your interest in our services and appreciates your visit to our website. As used hereinafter, the term “website” includes those websites which are owned and/or operated on behalf of Vestra Logistics, including the web pages associated with www.vestralogistics.com and the web pages associated with the Vestra Logistics web portal. These terms and conditions do not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a hyperlink to such website. These web pages include software licensed from a third party.

USER ACCESS

Vestra Logistics, makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you acknowledge that you, the individual user of this website, have read, understood and agree to be legally bound by these terms and conditions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further acknowledge that you are older than the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, older than 18 years of age, and that you have the authority and do hereby legally bind the business entity, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.

Vestra Logistics at its sole discretion, reserves the right to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. By using this website after any changes in these terms and conditions are made, you agree to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.

Vestra Logistics may terminate your right to use this website without cause at any time and effective immediately. In addition, Vestra Logistics may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you agree to be bound by those terms.

VESTRA LOGISTICS WEB PORTAL

As part of the website, Vestra Logistics offers its customers access to its proprietary Vestra Logistics Web portal. The Vestra Logistics Web portal is a novel tool that affords registered users the ability to view and monitor, in real time, certain information pertaining to their accounts, loads, shipments and purchase orders with Vestra Logistics. For example, the Vestra Logistics Web portal may offer certain registered Vestra Logistics customers the ability to track their load status in real time, post loads into the system as a means of instigating a potential order for shipment, send inquiries to Vestra Logistics about their accounts and transactions, and view account status information. Similarly, the Vestra Logistics Web portal may offer certain registered Vestra Logistics carriers the ability to view loads assigned to them, bid on available loads that need to be assigned, post trucks and other vehicles that are available to ship unassigned loads, and view account status information. Certain registered warehouses may view and track loads that are moved in and out of their facilities. Finally, certain registered distributors of Vestra Logistics customers may be able to post purchase orders for loads that they want fulfilled by the respective Vestra Logistics customers.

For the avoidance of doubt, all bids, postings and offers made by registered Vestra Logistics Web portal users are merely offers that must be accepted by or through Vestra Logistics. In no event shall Vestra Logistics be liable to a registered user in the absence of a written confirmation from Vestra Logistics concerning the subject matter of the bid, posting and/or offer.

To access the Vestra Logistics Web portal, you must be a registered user and meet any other applicable requirements as required by Vestra Logistics from time to time. To the extent you qualify for access to the Vestra Logistics Web portal, you will be assigned a unique user name and a password as part of the registration process. You will be required to use this user name and password each time you access the Vestra Logistics Web portal.

As a registered user of the Vestra Logistics Web portal, you are responsible for maintaining the confidentiality and security of your user name and password, and you shall be responsible for all uses of your username and password. You agree to notify Vestra Logistics immediately at important@vestralogistics.com of any breach of security, including, without limitation, unauthorized use of your user name and password. You are also responsible for logging off at the end of each Vestra Logistics Web session to enhance your account security. The failure to do so may permit other persons having access to your computer to use your account. If you permit any person to use your user name and password, you shall be liable for all activity made by that person.

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 Vestra Logistics, its subsidiaries, affiliated companies or joint partners, or others, 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 Vestra Logistics, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

The following is a non-exhaustive list of marks owned by Vestra Logistics: VESTRA LOGISTICS, VESTRA LOGISTICSWEB, VESTRA LOGISTICS, LLC, and:

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, content or marks provided on this website in any form or by any means, or by any information storage or retrieval system for any commercial use, without the express written permission of Vestra Logistics. You may, however, copy, print or otherwise use the information, content or marks provided on this website provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, software, content or marks, except as specifically permitted in these terms and conditions or in a written instrument signed by Vestra Logistics, is strictly prohibited. You may not disassemble, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software or content contained herein.

Nothing contained in this website shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Vestra Logistics or any third party.

You are not permitted to create a hyperlink to any page or portion of this website or to frame any page or portion of this website without the prior written permission of Vestra Logistics. Any use of the information, content or marks provided 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 Vestra Logistics. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications“) sent to Vestra Logistics shall be and remain the exclusive property of Vestra Logistics. Your submission of any such communications shall constitute an assignment to Vestra Logistics of all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. Vestra Logistics 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.

DISCLAIMERS

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 purchase, title or non-infringement.

In no event will VESTRA LOGISTICS, its subsidiaries, affiliated companies, joint partners or licensors be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website 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, content, documents or software thereof, even if Vestra Logistics, its subsidiaries, affiliated companies, joint partners or licensors 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, Vestra Logistics, its subsidiaries, affiliated companies, joint partners and licensors: (1) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this website or any other Internet website 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 website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information 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.

Content posted on this website may describe goods and services that may not be available in certain jurisdictions. Inclusion of such content is not a representation or warranty by Vestra Logistics that such goods and services will be available to you. Contact a Vestra Logistics representative to ensure the availability of such goods and services in your jurisdiction.

This website may use hyperlinks as a convenience to you so that reference material, Vestra Logistics – related subject matter and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Vestra Logistics. Hyperlinks and references to other websites, including any Vestra Logistics – affiliated entity, do not constitute sponsorship, endorsement or approval by Vestra Logistics of the information, content, policies or practices of such linked or referenced websites. Vestra Logistics does not accept any responsibility for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.

Vestra Logistics has no obligation to update any information or content on this website. Accordingly, Vestra Logistics, its subsidiaries, affiliated companies, joint partners and licensors assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content provided on this website is done so at your own risk.

MISCELLANEOUS

You warrant to Vestra Logistics that you will not attempt to gain unauthorized access to any services offered by Vestra Logistics or computer systems or networks connected to any Vestra Logistics server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Vestra Logistics. When using the website, you agree not to pretend to be someone else or to assume their identity.

You agree to defend, indemnify, save and hold harmless Vestra Logistics, its subsidiaries, affiliated companies, joint partners, licensors, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website, including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement.

Vestra Logistics controls its website (excluding linked sites) from its headquarters in Cumming, GA, United States of America and makes no representation that any content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such content is illegal is prohibited. By accessing this website, you agree that the statutes and laws of the State of Georgia, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws. Any claim relating to this website shall be litigated in the state or federal courts in Georgia, and you hereby consent to the exclusive jurisdiction and venue of those courts. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of Vestra Logistics. Any failure or delay by Vestra Logistics in enforcing any of these terms or conditions shall not in any way affect, limit, or waive Vestra Logistics rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with Vestra Logistics. Absent a written agreement concerning the provision of goods or services by Vestra Logistics, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by Vestra Logistics.

By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.

When applicable, you further agree, as a condition of using this site, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.

PRIVACY POLICY EFFECTIVE DATE: 05/01/2014

We take your trust seriously, and our goal is to safeguard your privacy while providing you with the best possible experience using our products and services. Vestra Logistics, and its affiliated companies and properties (collectively, “Vestra Logistics“) provide this notice explaining our information collection practices when you inquire about, use or purchase our products and services, including, without limitation, our website and mobile application, and how we use such information.

WHAT VESTRA LOGISTICS COLLECTS

Vestra Logistics collects information about you from various sources. In the course of inquiring about or using Vestra Logistics products or services, Vestra Logistics may ask you for, among other things, your name, e-mail address, postal address, telephone number, fax number, business contact information and other registration information, as well as information about your location. Vestra Logistics may request billing and payment information under certain circumstances.

Vestra Logistics may also collect certain technical information when you visit our web pages such as the type of browser you are using, the type of operating system you are using, your IP address and the domain name of your Internet service provider, aggregate data about the number of visits to a site or service, and/ or aggregate data about the pages visited. We may combine information we receive online with other information you have provided to us and with information from other sources to improve our knowledge of you, to help us provide quality service and to provide and customize our products and services.

If you access Vestra Logistics products and services from a mobile device, Vestra Logistics may collect limited information from your device, including location data.

HOW VESTRA LOGISTICS USES THE INFORMATION

Except as otherwise indicated, Vestra Logistics uses the personally identifiable information (“Personal Information“) you provide:

  • to provide product and services to you, and to respond to your inquiries about our offerings;
  • to offer you other products or services that may be of interest to you;
  • to ease use of our products and services by eliminating the need to re-enter information;
  • to display content customized to your interests and preferences;
  • to assist us in the development of new products or services and/or the improvement of our existing products and services;
  • to obtain feedback regarding our products and services;
  • to improve our ability to address your needs;
  • to cooperate with government officials or parties in litigation under process of law or regulation, or as otherwise required or permitted by law;
  • to protect the security or integrity of the products or services, and/or to enforce the terms governing their use;
  • to protect against fraud, and a threat of safety or destruction of property; and/or
  • to protect against legal liability.

Vestra Logistics may use and store non-personally identifiable information, including anonymized and aggregated data, for any purpose, without limitation, including to generate reporting and to improve the design and content of our products and services, and Vestra Logistics may share this data with third-parties.

DISCLOSURE OF PERSONAL INFORMATION

Vestra Logistics may disclose Personal Information we maintain about you to non-affiliated third parties under the following types of circumstances: when we have your permission to do so; to comply with the law, or when we respond to a subpoena or other process, legal order, or official request; as otherwise required by law; to establish or exercise our legal rights or defend against legal claims; or, as permitted by applicable law, when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the legal terms that govern your use of our products and services. In addition, Vestra Logistics may transfer both Personal Information and non-personally identifiable information if Vestra Logistics is acquired by or merged with another company. Authorized Vestra Logistics service providers and contractors may have access to your information to facilitate its use consistent with this Policy.

SECURITY

Vestra Logistics has implemented security measures to help protect against the risk of loss, misuse and alteration of any information under Vestra Logistics control.

STORAGE AND RETENTION

Your Personal Information will not be stored for longer than is necessary for the purposes described in this Policy, or to otherwise meet legal requirements.

IP ADDRESSES AND COOKIES

Like other web sites, Vestra Logistics uses your domain, IP address and browser information to help diagnose problems with Vestra Logistics products and services and equipment, to administer the products and services, and for security purposes. “Cookies” are pieces of data sent from a Web server to a Web browser that enable a Web server to identify users that visit a site hosted by that server. Vestra Logistics may use Cookies in order to identify you to our sites so that Vestra Logistics can provide more customized information and services to you. In general, if you choose, you can disable the use of Cookies by reviewing your browser’s preferences and options.

MODIFICATION OF PRIVACY POLICY

Vestra Logistics may change this Privacy Policy at any time, and will notify you in an appropriate manner, including by posting the changed or amended Privacy Policy on our products and services.

QUESTIONS

If you have questions about this Policy or about how information we collect is used by Vestra Logistics, please contact us at Vestra Logistics LLC, 2450 Atlanta Hwy Suite 1903 Cumming, GA 30040

VESTRA LOGISTICS END-USER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT“) CAREFULLY BEFORE CLICKING OR PRESSING ON THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE VESTRA LOGISTICS, LLC MOBILE APPLICATION (THE “MOBILE APP“) ACCOMPANYING THIS AGREEMENT. BY CLICKING OR PRESSING ON THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APP, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK OR PRESS ON THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APP TO WHICH THIS AGREEMENT APPLIES.

GRANT OF LICENSE.

Vestra Logistics grants you the right to install and use copies of the Mobile App on your computer or mobile device running a validly licensed copy of the operating system for which the Mobile App was designed (e.g. Windows Mobile, iOS, Android, etc.).

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the Mobile App.

Distribution. You may not distribute the Mobile App to third parties.

Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Mobile App or otherwise disassemble, reconstruct, discover, reuse or modify any source code or underlying algorithms thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental. You may not rent, lease, or lend the Mobile App.

Support Services. Vestra Logistics may provide you with support services related to the Mobile App (“Support Services“). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Mobile App and subject to the terms and conditions of this Agreement.

Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Mobile App.

TERMINATION

Without prejudice to any other rights, Vestra Logistics may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or your Broker-Carrier Agreement. In such event, you must destroy all copies of the Mobile App in your possession.

COPYRIGHT

All title, including but not limited to copyrights, in and to the Mobile App and any copies thereof are owned by Vestra Logistics and its licensors. All rights not expressly granted are reserved by Vestra Logistics and its licensors. The Mobile App includes software licensed from third party. © Telerik.

NO WARRANTIES

Vestra Logistics and its licensors expressly disclaim any warranty for the Mobile App. The Mobile App is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Neither Vestra Logistics nor its licensors warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Mobile App. Neither Vestra Logistics nor its licensors make any warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, spyware, malware, and/or other such computer program. Vestra Logistics and its licensors further expressly disclaim any warranty or representation to Authorized Users or to any third party.

NO USE WHILE DRIVING

The Mobile App is not to be used while driving nor in any other circumstance that puts you (or any driver you employ) at risk of injury. Under no circumstance will Vestra Logistics assume any responsibility for the consequences of driving decisions. By accepting this agreement, you hereby represent, warrant, and promise to Vestra Logistics that neither you, nor any driver you employ, will use the Mobile App while operating any motor vehicle.

NAVIGATION DATA OR INSTRUCTIONS

Navigation data or instructions provided by the Vestra Logistics App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury and/or property or environmental damage.

In addition, you are advised that Vestra Logistics provides navigation data or instructions only for convenience, and Vestra Logistics makes no guarantee as to accuracy. Navigation data and instructions do not necessarily take into account any of the following: (1) the height of the truck and/or load, (2) the presence of bridges both on or above the route, (3) the suitability of the route for a particular load or shipment, or (4) the size, paving, number of lanes, traffic conditions, or general road character and conditions.

Finally, by accepting this agreement you agree that if you feel that any directions or route requires you to perform an unsafe (as to persons or property) or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe or improper, then you will not follow such suggested directions or route.

LIMITATION OF LIABILITY

In no event shall Vestra Logistics or its licensors be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out your use of or inability to use the Mobile App, even if Vestra Logistics has been advised of the possibility of such damages.

In no event will Vestra Logistics or its licensors be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Neither Vestra Logistics or its licensors shall have any liability with respect to the content of the Mobile App or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

INDEMNIFICATION

You agree to indemnify and hold the Vestra Logistics harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach of this Agreement and any use of the Mobile App other than as expressly permitted herein; or (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity.

The foregoing indemnity obligations will survive any termination of the Agreement or your use of the Mobile App. Vestra Logistics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Vestra Logistics, which may be granted or withheld in its sole discretion.

PRIOR AGREEMENTS

In addition, you understand that this Agreement does not replace, your Broker-Carrier Agreement. All of the terms, conditions, promises, and obligations contained in the Broker-Carrier Agreement shall continue without limitation herein. Where this Agreement may conflict with the Broker-Carrier Agreement, the Broker-Carrier Agreement shall prevail.

Any data provided to you via the Mobile App is for convenience only and shall not substitute for the regular paperwork required under the Broker-Carrier Agreement, by law, or otherwise.

COMMUNICATION WITH VESTRA LOGISTICS

Use of the Mobile App is optional. In particular, using the Mobile App is for dispatch is not required, and you may contact Vestra Logistics by phone at any time. Further, using the Mobile App does not relieve you from your obligation to communicate with Vestra Logistics in the event that your trailer is over gross or you have difficulty making delivery or otherwise experience any kind of problem with any load or shipment.

GENERAL TERMS AND CONDITIONS

No Assignment. You may not assign this Agreement or otherwise transfer any rights or claims you may have hereunder, in whole or in part; any attempt to do so shall be void.

Severability. If for any reason a court of competent jurisdiction finds any provision of the terms herein to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable.

Compliance with Law. You will comply with all applicable laws, regulations and ordinances related to the transportation services you provide and your use of the Mobile App.

Governing Law. You agree that the statutes and laws of the State of Georgia, notwithstanding any principles of conflicts of law, shall apply to all matters relating to this Agreement and your use of the Mobile App. Any claim relating to this Agreement or your use of the Mobile App shall be litigated in the state or federal courts in Georgia, and you hereby consent to the exclusive jurisdiction and venue of those courts.

MOBILE TRACKING DRIVER LOCATION SERVICE TERMS

DESCRIPTION OF SERVICE:

When using the service, Vestra Logistics will request your permission to obtain your current location using your mobile phone. Vestra Logistics uses this data to determine the city closest to the geographic coordinates but does not store the actual coordinates. We will use this location information to provide tracking updates for our Customers. Once we have your permission, we may track your location one or more times each day in order to improve our service to our customers and to provide a better experience to you, our drivers. We will only use this location service while you are carrying an active load for Vestra Logistics.

This app uses location data. By using this app, you consent and permit your wireless carrier (including Verizon Wireless) to share your location with others. There is no representation, warranty or guarantee of accuracy, completeness or timeliness of any location data, product or service.

OPTING OUT OF MOBILE TRACKING

Vestra Logistics users, if you opted in to the Mobile Tracking program through Vestra Logistics, you may easily opt out of Mobile Tracking at any time through the original text by texting the word “STOP“, or call the original number and you will be automatically opted out of the program. On your next Vestra Logistics load you can opt back in to be tracked on Vestra Logistics “only“. For more information please contact Vestra Logistics at 678-619-4316.

PROTECTING YOUR PRIVACY?

Please view our Privacy Policy.

SHARING OF INFORMATION

Please view our Privacy Policy.

USE OF TEXT MESSAGING

Certain Vestra Logistics, Services utilize text messaging. We use text messaging for privacy consent and general notifications. Before you receive any text messages from Vestra Logistics, you will be notified about the use of text messaging and asked for your consent. When you use these services, you may be subject to messaging and data charges from your wireless carrier, depending on your wireless data plan and rates.

To cancel receipt of text messages, you may reply STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message received from Vestra Logistics.

To obtain help for the text messaging services associated with Vestra Logistics, you may reply HELP to any messages received from Vestra Logistics.

YOU SHOULD NEVER TEXT AND DRIVE. YOU SHOULD ALWAYS FOLLOW ALL TRAFFIC SAFETY LAWS AND PAY ATTENTION TO DRIVING CONDITIONS.