Terms of Use

Last Updated: March 14, 2023

This website (the “Company Site”) and any desktop, mobile, or other computer software application(s) provided by or through Company, including its brands National Secure Transport LLC and its subsidiaries (collectively, with the Company Site, the “Company Platform”) are each a copyrighted work belonging to National Secure Transport LLC and/or its affiliates and subsidiaries (collectively, “Company”, “us”, “our”, and “we”).  In addition, we partner with other companies and operate websites that are branded with their trademarks (“Partners”), but that are otherwise under our operational and functional control (each, a “Partner Site”, and together with the Company Platform, the “Platform”).  The Platform, certain features of the Platform, or any products sold through the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (the “Terms”). For example, our privacy policy describes how we collect and use information which you may submit while using the Platform. By using the Platform, you indicate that you have read our Privacy Policy and agree to be bound by its terms as though fully set forth in these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM.  BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING AND/OR USING THE PLATFORM.

Any controversy, allegation, or claim that arises out of or relates to the Platform, Company Products (defined below), these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.

Accounts

Account Creation

In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about your company as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate and you will provide any required proof of your identity which we may reasonably request from time to time; (b) you will maintain the accuracy of such information; and (c) in using your Account, you will act in full and complete compliance with any and all laws of your state.

Account Responsibilities

You and your company are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Your Account is for your sole and personal use only and you may not provide authorization to any third-party or entity to use your Account, and you may not use your Account for the benefit of third-parties. When using your Account, you hereby agree to comply with those laws and regulations applicable to you in the city, state, country, or national jurisdiction in which you reside while accessing your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Account Verification and Authentication

You hereby agree that Company may verify the registration information associated with your Account and authenticate such information.

Access to the Platform

License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.

Internet Access

When using the Platform on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi, LTE, or other data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.

Your Device

Company is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Platform, including, but not limited to screen display operation features of your Device.

No Guarantee

Access to the Platform may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.

Certain Restrictions and Acknowledgements

The rights granted to you in these Terms are subject to the following restrictions and acknowledgements

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform;

You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform;

You shall not access the Platform in order to build a similar or competitive website, product, or service;

Except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof;

You will only use the Platform for lawful purposes; you will not use the Platform for sending or storing any unlawful material or for deceptive or fraudulent purposes;

You will not use the Platform to cause nuisance, annoyance or inconvenience;

You will use the Platform only for your personal use and you will not use the Platform, or any content accessible through the Platform, for any commercial purposes, including but not limited to contacting, advertising to, soliciting or selling to, any third-party businesses, nor to any consumers or other users of the Platform, or linking to or promoting any third-party websites, products, or services, unless Company has given you permission to do so in writing;

You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Platform except for your personal, noncommercial use;

You will not use the Platform in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server;

You will not attempt to gain unauthorized access to any part of the Platform and/or to any service, account, resource, computer system and/or network connected to any Company server;

You will not deep-link to the Platform or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Platform or any content on the Platform, unless Company has given you permission to do so in writing;

You will not conduct any systematic retrieval of data or other content from the Platform;

You will not try to harm other users or Company, or the Platform in any way whatsoever;

You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Platform;

Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Company or its Partners or suppliers. Neither these Terms nor your access to the Platform transfers to you or any third-party any rights, title or interest in or to such intellectual property rights. There are no implied licenses granted under these Terms.

Confidentiality.

Definition

“Confidential Information” means any and all information regarding our business, including, without limitation, financial information, production, innovation, sales and marketing plans and/or strategies, reports, data, all products, patents, trademarks, copyrights, trade secrets, processes, techniques, scientific information, marketing, and other information, whenever conceived, originated, discovered or developed by us, and whether or not in written or tangible form; provided, however, “Confidential Information” shall not include information: (a) that rightfully is or becomes generally available to the public on a non-confidential basis, including by means of a third-party, provided that any such third-party is not in breach of an obligation of confidentiality with respect to such information; (b) that was independently developed without reference or access to our Confidential Information and in a manner not otherwise in violation or breach of these Terms; (c) that was rightfully known to you prior to receipt from Company as documented by written evidence; or (d) becomes known to you from a third-party not in breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of our APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Platform is deemed to be Confidential Information of Company.

Obligations.

You hereby agree to take all reasonable precautions to protect the confidentiality of our Confidential Information and further agree not to disclose such Confidential Information to anyone except as strictly necessary for the purposes contemplated by these Terms. If you are required pursuant to a legal proceeding or other legal or regulatory requirement to disclose any of our Confidential Information, you will give us reasonable prior notice in order to contest or limit such disclosure, and if still required to disclose, only disclose what is legally required.

Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless from any and all losses, damages, expenses, costs (including attorneys’ fees), rights, claims, or actions of any kind including injury or death, due to or arising out of: (a) your use or misuse of the Platform or any products purchased through the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations whether or not specifically referenced in these Terms, and (e) your violation of any third-party rights including without limitation with respect to any Third-Party Integrations and Ads (defined below). Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

General

Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Platform. You are responsible for providing us with your most current email address.  In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the effective date indicated above. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Notice; Electronic Communications.

The communications between you and Company use electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also withdraw your consent to receive electronic communications, however, in such event we reserve the right to immediately terminate your Account.

Copyright/Trademark Information

Copyright © 2023 National Secure Transport LLC. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

Contact Information

Please contact us directly with any comments, questions, or complaints you may have about our services, the Platform, or these Terms at contact@nationalsecuretransport.com.