MASTER HAULER – PRIVACY POLICY
Blue Sky Technologies, LLC and Master Hauler respect everyone’s privacy. Blue Sky Technologies, LLC and its affiliates (“Master Hauler” or the “Company”) offer material hauling data collection services directed toward highway, street and road contractors and material suppliers who become users of www.masterhaulerusa.com (the “Website”) and / or users of Master Hauler mobile application (the “Application”) (collectively referred to as the “Services”). When you inquire or use our services, you are trusting us with your information. We understand this to be a big responsibility and we will work hard to protect your information and put you in control of that information.
This Privacy Policy is meant to help you understand what information will be collected, why we collect it, how you are able to update, manage and remove your information. This Privacy Policy covers:
1. User Accounts & Accessing the Services
2. Information that is being collected
3. Why Master Hauler collects data
4. Sharing your information
5. Visibility
6. Controlling your personal information
7. How Master Hauler retains data we collect
8. Cookies
9. Information Security
10. Compliance & cooperation with regulators
11. Changes to this Privacy Policy
This Privacy Policy is incorporated as part of the Master Hauler Terms of Use (the “Terms of Use” or the “Terms”). Your use of the Services are subject to the Terms of Use, Copyright Policy and this Privacy Policy and indicates your consent to them.
To use our Services, you must be 16 years of age or older. Have a valid Class A driver’s license and the vehicle your operating while using the Services, must have the minimum required insurance. If you are under the age of 16, you may not download or use the Services.
In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, email address or telephone number. In addition, your “personal information” may include information related to the specific vehicle that you are driving while using the Services.
Contact Master Hauler – Privacy concerns reports
If you have questions related to this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact Master Hauler at: admin@masterhaulerusa.com. You may send Master Hauler other requests, responses, questions and complaints by email at: admin@masterhaulerusa.com.
User Accounts & Accessing the Services
Please note that an account potentially could already be created for you on behalf of your employer or a designated broker you drive for. If an account is already established for you, you will receive directions on how to download the Application as well as your username and login credentials.
If there is not an account already set up, when you install or download the Application on your mobile device, Master Hauler will set up an account associated with your email address. You will then be able to create your account and enter in your personal information.
Once your account has been established, Master Hauler will use your email address in accordance with this Privacy Policy. This helps us in creating reports for you as well as your employer and or broker if you are an independent truck owner.
Master Hauler will link all your information with your Account and email address and secure password.
When using the Application, your approximate location and load information you enter will be visible to other users of the Application.
Your login details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your login details to someone else. You must maintain your login details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.
Information that is being collected
We want you to understand the types of information we collect as you use our services.
Master Hauler collects information to assist with the management of highway, street and road construction projects. The information that is being captured is intended for business analysis and process improvement from a data entry standpoint.
Information you authorize, create, or provide to us.
1. Account Information: information provided by or given authority by you to create a profile within the Application. Master Hauler will explicitly indicate the fields of mandatory completion. If these fields are not populated, then a user account will not be able to be setup. This information includes items such as name, email address, phone number, truck information, etc.
2. Truck Information: This will help the users of the Application identify the type of truck available for assigning to available jobs. This will also be used to track load quantities to ensure accurate measure of loads and overweight loads are identified.
3. Material Load Information: When a load has a material ticket with it, that information will be captured through data entry within the mobile application. The information provided here will be used at the end of the day and project to reconcile material quantities on the project.
4. Navigation routes: Through the mobile application, your approximate location will be captured to assist with determining best routes to avoid traffic, wait time at the source destination and drop off destination, time it takes to travel between source and drop off destinations.
Why Master Hauler collects Data
Master Hauler was developed to assist Drivers and backend office staff to save time and improve accuracy of data coming from previously paper haul sheets. These haul sheets often were late getting to the office for processing, illegible causing errors in payment to the Driver as well as reporting for the projects. In addition, the intent is to reduce duplicate data entry as the Drivers would have to record their load or cargo information on paper hauls sheets. Sometimes on multiple pages, one for the Contractor and One for the Broker if they are an Independent Truck Owner. Then the Contractor and Brokers office staff use that information and enter the same information into an accounting system so the project can be assigned the correct cost as well as the accounting department can invoice out for that service of hauling the material.
In addition, we also need to collect this data, so we can provide reporting functionality to eliminate the duplicate data entry by providing this information to those parties who have an interest in specific data that is collected where the user has limited access based on their login credentials. For example Contractor A will not be allowed to see information pertaining to Contractor B projects and load information.
To Protect Master Hauler, our users, the public and for Legal reasons.
We may also use and process your information and content, using different technologies for the following purposes:
1. To enforce the Terms of Use or Privacy Policy.
2. To contact you when Master Hauler believes it to be necessary.
3. To comply with any applicable law and assist law enforcement agencies under any applicable law, when Master Hauler has good faith belief that Master Hauler’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures.
4. To detect abuse and illegal activity; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services.
5. To handle breakdowns and malfunctions.
6. To take any action in any case of dispute, or legal proceeding of any kind between you and the Services, or between you and other users with respect to, or in relation with the Services.
7. For purposes provided under this Privacy Policy and Terms of Use.
We will ask for your consent before using your information for a purpose that isn’t covered in the Privacy Policy.
Sharing your information
Master Hauler does not sell, rent or lease your personal information to third parties.
Master Hauler will not share your personal information with others, without your permission, except for the following purposes and to the extent necessary in Master Hauler’s good-faith discretion:
1. As necessary for the facilitation and operation of the Services. For example, your assigned to a project to haul material and the Contractor needs to know who all the Trucks / Drivers are hauling for them on any day.
2. If Master Hauler reasonably believes that you have breached the Terms of Use or is investigating potential breach of the Terms of Use, or believes that you abused your rights to use the Services, or performed any act or omission that Master Hauler reasonably believes to be violating any applicable law, rules, or regulations. Master Hauler may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing.
3. If Master Hauler is required, or reasonably believes that it is required by law to share or disclose your information.
4. In any case of dispute, or legal proceeding of any kind between you and Master Hauler, or between you and other users with respect to, or in relation with the Services.
5. To detect, prevent, or otherwise address fraud, security, or technical issues.
6. If Master Hauler organizes the operation of the Services within a different framework, or through another legal structure or entity, or if Master Hauler is acquired by, or merged into or with another entity, or if Master Hauler enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration.
7. To collect, store, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to Master Hauler, as reasonable for business purposes, which may be located in the European Union and the U.S.A., potentially countries outside of your jurisdiction.
8. Master Hauler may also share personal information with companies or organizations connected or affiliated with Master Hauler, such as subsidiaries, sister-companies and parent companies (i.e. entities that belong to the Google group of companies);
9. Personal information may also be shared with Master Hauler’s trusted partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures. For example, we use service providers to help us with customer services.
Visibility
Please note that your username and some other information may be visible to others (Contractors, Brokers, Department of Transportations) while using the Services.
Controlling your personal information
You can always review and update certain information by visiting your Account & Login settings (such as your address, phone number, preferred broker) or the in-app menu, select Profile, then select Edit and you are allowed to change your information.
Depending on the type of mobile device you are using, your device also has “device-level” settings. These settings allow or disallow certain functions on your mobile device to collect data.
Deleting your information
If you would like us to delete your account, please an email to admin@masterhaulerusa.com requesting your account be deleted. On receiving such a request, Master Hauler will use reasonable efforts to delete such information, however, please note that information may not be deleted immediately from our back-up systems. We aim to initiate the deletion process immediately after your request. Once we receive your request, your data will no longer be used to personalize your Master Hauler experience. Please keep in mind that some of the information we have collected will need to be available for processing reports and load information pertaining to jobs you worked on.
How Master Hauler retains data we collect
Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when necessary. This section describes why we hold onto different types of data for different periods of time.
1. Information retained until you remove it – such as address, phone number, truck information and other account related information. We will keep this data in your Master Hauler Account until you choose to remove it and / or update it.
2. Data that expires after a specific period - in some cases, you don’t need to actively delete your information as we set retention timeframes based on the reason for the data’s collection. For example, if you choose to connect your calendar to your Master Hauler Account, we extract your calendar events for several days in advance and delete them after their occurrence. We may also take steps to anonymize certain data within set time periods.
3. Information retained until your Master Hauler Account is deleted - we may keep some data for the life of your Master Hauler Account if it’s useful for helping us understand how users interact with our features and how we can improve our services. For example, when you submit an electronic haul sheet, that information needs to be stored for a minimum period of time before it can be deleted. When you delete your Master Hauler Account, the information about how many reports you have submitted is also removed.
4. Information retained for extended time periods for limited purposes - sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when Master Hauler processes a payment for you, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for extended periods of time include:
5. Security, fraud & abuse prevention
6. Financial record-keeping
7. Complying with legal or regulatory requirements
8. Ensuring the continuity of our services
9. Direct communications with Master Hauler
Cookies
Master Hauler may use cookies and similar technologies on the Services. Cookies are packets of information sent by the Website’s servers to your web browser and then sent back by the browser each time it accesses the Website’s servers.
Master Hauler may use cookies for various purposes, such as to save you the need to re-enter your username and password each time you log in, to facilitate the use of the Website, to collect statistical information, to verify information, and to customize the Website to your personal preferences and for information security purposes.
Some of the cookies may expire when the session ends, and you exit your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the Website’s cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website, or certain features thereof.
Information security
Master Hauler considers information security to be a top priority. Master Hauler services are built with strong security features that continuously protect your information. Master Hauler implements systems, applications, and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. For example, we review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems. In addition, we restrict access to personal information to Master Hauler employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you.
However, these measures are unable to provide absolute assurance. Therefore, although Master Hauler takes great efforts to protect your personal information, Master Hauler cannot guarantee and you cannot reasonably expect that Master Hauler’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Compliance & cooperation with regulators
We regularly review this Privacy Policy and make sure that we process your information in ways that comply with it.
Data transfers
We store data on servers located around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy.
When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.
European requirements
If the European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, delete, and restrict the processing of your information.
You can also export a copy of data in your Master Hauler account if you want to back it up or export your information to another service. You can log in to the dashboard by going to the Master Hauler website, then Settings, then choose Download your data archive. Note that in order to access the dashboard you will need a Master Hauler account with a valid email address to receive your data archive.
You also have the right to object to the processing of your information.
We process your information for the purposes described in this policy, based on the following legal grounds:
With your consent
We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. You can manage your settings at any time, including your in-app Privacy Settings.
When we’re pursuing legitimate interests
We process your information for our legitimate interests and those of third parties (such as partners including advertisers, in order to report use statistics) while applying appropriate safeguards that protect your privacy. This means that we process your information for things like:
Providing, maintaining, and improving our services to meet the needs of our users
Developing new services and features that are useful for our users
Understanding how people use our services (including how they interact with our ads) to ensure and improve the performance of our services
Customizing our services to provide you with a better user experience
Marketing to inform users about our services
Detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our services
Protecting against harm to the rights, property or safety of Master Hauler, our users, or the public as required or permitted by law
Performing research that improves our services for our users and benefits the public
Fulfilling obligations to our partners like developers and rights holders
Enforcing legal claims, including investigation of potential violations of applicable Terms of Service
When we are providing a service
We process your data to provide a service you have asked for under a contract (including our Terms of Use).
When we are complying with legal obligations
We will process your data when we have a legal obligation to do so, for example, if we’re responding to legal process.
If you have questions, you can contact Master Hauler and our data protection office, led by our Data Protection Officer, at: admin@masterhaulerus.com. And you can contact your local data protection authority if you have concerns regarding your rights under local law.
California requirement
If the California Consumer Privacy Act (CCPA) applies to your information, we provide these disclosures and the tools described in this policy so you can exercise your rights to receive information about our data practices, as well as to request the deletion of your information. You can also export a copy of data in your Master Hauler account if you want to back it up or export your information to another service. You can log in to the dashboard by going to the Master Hauler website, then Settings, then choose Download your data archive. Note that in order to access the dashboard you will need a Master Hauler account with a valid email address to receive your data archive.
These tools allow you to review, update and delete your information, as well as export and download a copy of it. You can also read more about Master Hauler’s data retention periods, and the process we follow to delete your information.
Master Hauler does not sell your personal information. We only share your information as described in this policy. Master Hauler processes your information for the purposes described in this policy, which include “business purposes” under the CCPA.
If you have additional questions or requests related to your rights under the CCPA, please contact Master Hauler at: admin@masterhaulerusa.com.
Changes to this Privacy Policy
Master Hauler may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 30 days after Master Hauler has posted a:
Other changes will take effect 7 days after their initial posting on the Website. However, if Master Hauler amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
Last modified: May 31, 2023.
Master Hauler Terms of Use
These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Master Hauler’s Software (“Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Blue Sky Technologies, LLC. (including its affiliates and subsidiaries, “Master Hauler”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the Master Hauler Service, you signify your assent to these Terms;
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
KEY POINTS
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Master Hauler.
WHAT IS THE SERVICE
The Service allows road construction material haulers to electronically document their load information and provide this information to other users who rely on that information to make better business decisions.
THE LICENSE
Master Hauler Service. Master Hauler hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
USING THE SERVICE
The Service is a private commercially owned service. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Master Hauler. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Master Hauler.
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Master Hauler’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Master Hauler’s prior written consent;
(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
(ix) frame or mirror any part of the Service and/or Site without Master Hauler’s prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
(xi) forward any data generated from the Service and/or Site without the prior written consent of Master Hauler;
(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;
(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;
(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Master Hauler’s express prior written consent; or
(xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Master Hauler of such termination. However, if you would also like for Master Hauler to delete your Master Hauler account and your personal information contained in the account, please use the “Delete Account” function in the in app Privacy Settings or Account & Login Settings. On receiving such a request, Master Hauler will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.
Master Hauler retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Master Hauler deems appropriate, at its sole and absolute discretion.
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Master Hauler or its affiliates or are exclusively licensed to Master Hauler. The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.
“Master Hauler”, the Master Hauler logo, and other trade and/or service marks are the property of Master Hauler or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Master Hauler.
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Master Hauler and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.
Master Hauler may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Master Hauler’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Master Hauler to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
APPLE
If you use the Service on an Apple device, then you agree and acknowledge that:
EXPORT CONTROL
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
MASTER HAULER PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Master Hauler disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Master Hauler exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Master Hauler’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Master Hauler or any of its providers.
MASTER HAULER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Master Hauler and its employees, officers, directors and agents, against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Master Hauler, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Master Hauler respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Master Hauler may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Master Hauler for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Master Hauler may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Master Hauler may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Minnesota, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the State of Minnesota.
LIMITATIONS
Should you desire to file any cause of action against Master Hauler, arising out of or related to the Master Hauler Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Master Hauler. Master Hauler may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Master Hauler’s obligations to you under these Terms.
COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Master Hauler concerning the Master Hauler Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Master Hauler Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.
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