1. Acceptance of Terms
These Terms and Conditions ("Agreement") constitute a legally binding contract between you ("User," "you," or "your") and DLW Estate Trucking LLC, a Texas limited liability company doing business as FleetCommand Pro ("Company," "we," "us," or "our"). By accessing or using the FleetCommand Pro platform, website at derricktransport.com, mobile applications, or any transportation services provided by the Company (collectively, the "Services"), you agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity. In that case, "you" and "your" refer to that entity. If you lack such authority or do not agree with these Terms, you must not access or use the Services.
You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent that you are at least 18 years old and have the legal capacity to enter into this Agreement. Your use of the Services is also governed by our Privacy Policy and E-Sign Disclosure, incorporated here by reference.
This Agreement becomes effective on the date you first access or use the Services, or on the date you click "I Agree," check an acceptance box, or otherwise indicate acceptance electronically -- whichever occurs first.
2. Definitions
The following terms have the meanings assigned below whenever they appear in this Agreement:
- "Account" means the registered user account created through the Platform, authenticated via Clerk or another designated identity provider.
- "Bill of Lading" or "BOL" means the document issued by the Carrier to the Shipper serving as a receipt for goods, a contract of carriage, and a document of title, per UCC Article 7 and 49 CFR Part 373.
- "Carrier" means DLW Estate Trucking LLC acting as a motor carrier of property, or any motor carrier operating under FMCSA-issued authority.
- "Confidential Information" means any non-public information disclosed by one party to the other, including business strategies, customer lists, pricing data, financial records, proprietary software, and trade secrets. Excludes information publicly available through no fault of the receiving party, independently developed, or lawfully obtained from a third party.
- "Consignee" means the person or entity designated on the BOL as the intended recipient of the Freight.
- "Freight" means the goods, cargo, or property tendered to the Carrier for transportation.
- "Platform" means the FleetCommand Pro SaaS application, including web and mobile apps, APIs, integrations, and documentation.
- "Services" means collectively (a) the Platform and its features, and (b) the physical transportation services performed by DLW Estate Trucking LLC.
- "Shipper" means the person or entity that tenders Freight to the Carrier or arranges transportation through the Platform.
- "Subscription" means the recurring payment plan selected by the User for Platform access, as described in Section 5.
- "User" means any individual or entity that registers for an Account, accesses the Platform, or uses the Services.
3. Service Description
3.1 FleetCommand Pro Platform
FleetCommand Pro is a transportation management platform for owner-operators, small fleets, and logistics professionals. Features include (subject to Subscription tier):
- Fleet Management: Vehicle tracking, maintenance scheduling, equipment assignment, asset lifecycle reporting.
- Route Optimization: AI-assisted route planning accounting for fuel costs, tolls, traffic, and HOS constraints.
- IFTA Reporting: Automated mileage tracking and quarterly report generation from GPS and fuel purchase data.
- HOS Tracking: Electronic logging per 49 CFR Part 395 with driver status recording, violation alerts, and exportable logs.
- Load Matching: Freight matching connecting carriers with shippers by lane, equipment type, and availability.
- AI Assistant: Operational recommendations, compliance reminders, and data analysis.
- Invoicing: Freight invoice generation, payment tracking, factoring integrations, and AR management.
- Reporting: Operational dashboards, revenue-per-mile, cost analysis, safety scoring, and custom reports.
3.2 Transportation and Carrier Services
DLW Estate Trucking LLC also operates as a for-hire motor carrier of property subject to FMCSA and DOT regulations. Carrier liability and obligations for physical transportation are governed by Sections 6 through 8.
3.3 No Guarantee of Results
The Company does not guarantee any specific financial outcome, operational improvement, or compliance result from Platform use. Users remain solely responsible for their own regulatory compliance, business decisions, and operational outcomes.
4. Account Registration & Security
4.1 Registration
To access the Platform, you must create an Account with accurate, current, and complete information. The Platform uses Clerk for authentication. Identity verification through email, phone, or other methods may be required.
4.2 Account Accuracy
You agree to keep your Account information accurate and current. The Company relies on this information for billing, communications, and service delivery. Inaccurate information may result in service interruptions or suspension.
4.3 Credential Security
You are solely responsible for maintaining the confidentiality of your credentials, including passwords and MFA tokens. Notify us immediately at derrick@derricktransport.com of any unauthorized access. The Company is not liable for losses arising from your failure to protect credentials.
4.4 Authorized Users
Multi-user Subscriptions (e.g., Small Fleet) allow designated authorized users within your organization. You are responsible for all authorized users' actions and their compliance with this Agreement.
4.5 Account Sharing Prohibited
Credentials may not be shared, transferred, or used by anyone other than the designated holder or authorized users under a multi-user plan. The Company may monitor login patterns and suspend Accounts showing credential sharing.
4.6 Right to Suspend
The Company may suspend or terminate your Account if we reasonably believe you have violated this Agreement, provided false information, engaged in fraud, or pose a security risk.
5. Subscription Plans & Billing
5.1 Available Plans
The Platform offers the following Subscription tiers, each providing different levels of access and functionality:
- Owner-Operator Plan: $35.00/month. Single-truck operations. Fleet management for one power unit, route optimization, IFTA reporting, HOS tracking, invoicing, basic load matching, and AI assistant.
- Small Fleet Plan: $99.00/month. Fleets of 2-15 power units. All Owner-Operator features plus multi-vehicle management, multiple user accounts, advanced analytics, priority load matching, and fleet-wide compliance dashboards.
5.2 Free Trial
New Users may be eligible for a seven (7) day free trial with full access to selected plan features. At trial end, your Subscription automatically converts to paid unless canceled. Each individual or entity is limited to one free trial.
5.3 Payment Processing
Payments are processed through Stripe, Inc. By subscribing, you authorize recurring monthly charges to your payment method on file. You agree to keep payment information current.
5.4 Auto-Renewal
Subscriptions renew automatically each billing cycle unless canceled before the renewal date at the then-current rate.
5.5 Price Changes
The Company may modify pricing with at least thirty (30) days' email notice. New pricing takes effect at the next billing cycle after the notice period. If you disagree, your remedy is to cancel before the new rate applies.
5.6 Refund Policy
All fees are non-refundable after the trial period. No refunds or credits for partial months, unused features, or early cancellation. Canceled Subscriptions remain active through the current paid period.
5.7 Taxes
Fees exclude applicable taxes. You are responsible for all taxes except those based on the Company's net income.
6. Transportation Services
6.1 Carrier Obligations
When acting as Carrier, the Company agrees to transport Freight safely, timely, and professionally consistent with the Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399). The Carrier will exercise reasonable care in handling, loading (where applicable), transportation, and delivery of Freight.
6.2 Dispatch and Scheduling
The Carrier will make reasonable efforts to dispatch equipment within agreed timeframes. Specific pickup or delivery times are not guaranteed unless set in a separate written rate confirmation. Transit times are estimates subject to weather, road conditions, regulatory requirements, equipment availability, and other factors beyond reasonable control.
6.3 Equipment Standards
All vehicles will meet or exceed safety standards in 49 CFR Parts 393 (Parts and Accessories) and 396 (Inspection, Repair, and Maintenance), with current registrations, annual inspections, and required permits.
6.4 Driver Qualification
All drivers will be qualified per 49 CFR Part 391, holding a valid CDL of appropriate class, current DOT medical certificate, and meeting applicable experience, training, and background check requirements.
6.5 Insurance Requirements
The Carrier will maintain, at its own expense, the following minimum insurance coverages throughout the term of any transportation service:
- Auto Liability: Minimum $750,000 combined single limit per occurrence per 49 CFR Part 387. Higher limits may apply for certain commodities.
- Cargo Insurance: Minimum $100,000 per occurrence for loss or damage while in Carrier's care, custody, and control.
- Workers' Compensation: As required by applicable state law(s).
Certificates of insurance available upon request. Carrier will notify Shipper within ten (10) days of any cancellation or material change to required policies.
6.6 Shipper Responsibilities
The Shipper must accurately describe Freight (weight, dimensions, classification, special handling), properly package and prepare it for transport, and perform any loading/unloading safely and in compliance with OSHA and DOT regulations.
7. Bill of Lading & Shipping Documents
7.1 Bill of Lading
Every shipment will be accompanied by a BOL per 49 CFR Part 373 and UCC Article 7, serving as: (a) a receipt confirming Carrier possession, (b) a contract of carriage, and (c) a document of title.
7.2 Shipper's Duty to Describe Goods
The Shipper must accurately describe Freight on the BOL: kind, weight, quantity, dimensions, declared value, and HAZMAT classification if applicable. Under 49 USC 14706(f), a Shipper is liable for damages from inaccurate descriptions. Misrepresentation may result in additional charges, refusal, or service termination.
7.3 Carrier's Right to Inspect
The Carrier may inspect or verify Freight contents, weight, and condition at pickup. If Freight does not match the BOL, the Carrier may refuse, require correction, or adjust charges. The Carrier is not obligated to open sealed containers but may require the Shipper to do so.
7.4 Delivery and Proof of Delivery
Delivery is complete when Freight is tendered to the Consignee at the BOL destination and the delivery receipt is signed. Exceptions, shortages, or visible damage must be noted on the receipt at delivery. Failure to note exceptions may affect subsequent claims.
7.5 Electronic Documents
Electronic BOLs, delivery receipts, and shipping documents from the Platform have the same legal effect as paper equivalents under the E-SIGN Act (15 USC 7001 et seq.) and our E-Sign Disclosure.
8. Carrier Liability & Cargo Claims
8.1 Carmack Amendment Liability
For interstate shipments, Carrier liability for loss or damage is governed by the Carmack Amendment (49 USC 14706). The Carrier is liable for full actual loss or injury to property during transportation, subject to defenses and limitations under federal law.
8.2 Shipper's Burden of Proof
To establish a prima facie claim for cargo loss or damage under the Carmack Amendment, the Shipper or claimant must prove three elements:
- The Freight was in good condition when tendered to the Carrier at the point of origin;
- The Freight was damaged, lost, or arrived in diminished condition at the destination; and
- The amount of damages sustained.
Once the Shipper establishes these three elements, the burden shifts to the Carrier to prove that the loss or damage was caused by one of the recognized common law defenses: an act of God, an act of the public enemy, an act or default of the Shipper, the inherent nature or vice of the goods, or the authority of law.
8.3 Notice of Claim
Claims must be filed in writing within nine (9) months of delivery (or expected delivery for non-delivery) per 49 CFR Part 370.3. Claims must identify the shipment, describe the loss or damage, and state the amount claimed.
8.4 Statute of Limitations
If the Carrier disallows a claim, the claimant must bring civil action within two (2) years of the written disallowance notice per 49 USC 14706(e).
8.5 Released Value Rates
The Carrier may offer released value rates limiting liability to a specified amount per pound or shipment in exchange for reduced charges. Released values must be agreed in writing before tender. The Carrier must offer the option to declare a higher value at higher rates. Released value provisions must comply with 49 USC 14706(c).
8.6 Measure of Damages
Damages are measured at the fair market value of the goods at the destination on the expected delivery date, unless a released value applies. Consequential and special damages are not recoverable under the Carmack Amendment unless the Carrier had actual notice of special circumstances at time of tender.
8.7 Concealed Damage
Concealed damage must be reported within fifteen (15) days of delivery. A joint inspection should be requested when possible. Late reporting does not bar a claim but may make it harder to prove damage occurred during Carrier possession.
9. Limitation of Liability
9.1 Platform Provided "As Is"
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.
9.2 No Consequential Damages
THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM PLATFORM USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR OTHER THEORY. THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.
9.3 Liability Cap
THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. This applies to all causes of action including contract, tort, strict liability, and equity.
9.4 Carrier Liability Separate
The limitations in Sections 9.1 through 9.3 apply solely to claims arising from use of the Platform. Carrier liability for loss of or damage to Freight is governed exclusively by Section 8 (Carrier Liability and Cargo Claims) and the Carmack Amendment, and is not subject to the liability cap in Section 9.3.
9.5 Force Majeure
Neither party is liable for failure or delay (except payment obligations) caused by circumstances beyond reasonable control: natural disasters, weather, pandemics, terrorism, war, government orders, labor disputes, supply chain disruptions, telecom failures, cyberattacks, utility outages, or road closures. The affected party must provide prompt notice and mitigate impact.
9.6 No Uptime Guarantee
The Company does not guarantee specific Platform availability. Maintenance, updates, and technical issues may cause temporary interruptions. Advance notice of scheduled maintenance will be provided when feasible.
10. Prohibited Uses
You agree not to use the Services for any of the following purposes, and you will ensure that your authorized users and employees do not engage in any of the following:
- HAZMAT Without Authorization: Transporting hazardous materials (49 CFR Parts 100-185) without prior written Company authorization and full regulatory compliance including placarding, shipping papers, and driver training.
- Illegal Goods: Transporting goods illegal under federal, state, or local law, including controlled substances, stolen property, or contraband.
- Overweight/Oversize Loads: Tendering Freight exceeding legal weight limits (23 USC 127 or state bridge formulas) without required permits.
- Cargo Misrepresentation: Providing false or incomplete Freight descriptions on any BOL or shipping document, including underreporting weight or misclassifying commodities.
- Unauthorized Access: Attempting access to other User accounts, Company servers, or connected third-party systems.
- Reverse Engineering: Decompiling, disassembling, or attempting to derive source code, algorithms, or data structures of the Platform.
- Data Scraping: Using automated tools to extract data from the Platform without written consent.
- Interference: Uploading malware or taking actions that disrupt Platform operation.
- Resale: Reselling or sublicensing Platform access to unauthorized third parties.
- Fraud: Using Services for fraudulent schemes, double-brokering, identity theft, or deceptive practices.
Violation of any of these prohibited use provisions may result in immediate suspension or termination of your Account and Services, and may subject you to civil or criminal liability.
11. Intellectual Property
11.1 Company Ownership
The Platform and all related IP (software, code, algorithms, interfaces, designs, logos, trademarks, documentation) are the exclusive property of DLW Estate Trucking LLC and its licensors. This Agreement transfers no ownership interest.
11.2 Limited License
Subject to compliance and payment, the Company grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform for internal business operations during the Subscription term. No right to modify, copy, distribute, or create derivative works.
11.3 User Data Ownership
You retain ownership of data you upload or create ("User Data"). You grant the Company a limited license to process, store, and transmit User Data solely to provide the Services. The Company will not sell User Data to third parties.
11.4 Feedback
Any suggestions, feedback, or feature requests you voluntarily provide grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize that Feedback without obligation.
11.5 Trademarks
"FleetCommand Pro," "DLW Estate Trucking," and the FC logo are Company trademarks. Use requires prior written consent except to identify Services in the ordinary course of business.
12. Data & Privacy
12.1 Privacy Policy
Data practices are governed by our Privacy Policy. By using the Services, you consent to those practices.
12.2 ELD Data Retention
Per 49 CFR 395.8(k), ELD data including Records of Duty Status is retained for a minimum of six (6) months and available for export through the Platform. Longer retention may apply for business or legal purposes.
12.3 GPS and Telematics Data
The Platform collects GPS and telematics data for fleet tracking, route optimization, IFTA reporting, and compliance. You consent to this collection and agree to inform drivers that location and driving data is collected while operating tracked vehicles.
12.4 Driver PII
Driver information (names, CDL numbers, medical certificates, SSNs, drug/alcohol test results, employment history) is sensitive PII handled per applicable privacy laws. You must obtain driver consents before entering their information.
12.5 Data Portability
User Data exports in standard formats (CSV, JSON) are available within thirty (30) days of request. Upon termination, a thirty (30) day export window applies before deletion (see Section 18).
12.6 Data Security
The Company implements commercially reasonable safeguards. No electronic storage method is completely secure, and absolute security cannot be guaranteed. You are responsible for your own credential and system security.
13. FMCSA & DOT Compliance
13.1 Hours of Service
Drivers must comply with 49 CFR Part 395: 11-hour driving limit, 14-hour on-duty window, 30-minute rest break, 60/70-hour limit, and 34-hour restart. The Platform provides tracking tools, but the motor carrier and drivers remain solely responsible for actual HOS compliance.
13.2 ELD Mandate
Platform ELD functionality complies with 49 CFR Part 395, Subpart B, recording duty statuses, supporting data transfer to safety officials, and providing the required driver interface. The motor carrier must ensure proper ELD installation, calibration, driver training, and malfunction procedures per 49 CFR 395.34.
13.3 CSA Scores
CSA data (BASIC scores, SMS results) displayed on the Platform is informational only per FMCSA publications. The Company does not verify CSA accuracy. Consult the FMCSA for official records.
13.4 Drug and Alcohol Testing
Motor carriers remain solely responsible for 49 CFR Part 382 compliance: pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing. The Platform may provide reminders and record-keeping, but carriers must administer testing through a qualified third-party administrator.
13.5 Medical Certificates
Carriers must ensure all drivers hold valid medical certificates per 49 CFR Part 391, Subpart E. The Platform tracks expiration dates, but carriers are responsible for verification and timely renewals.
13.6 Vehicle Maintenance
The Platform tracks inspections, maintenance, and repairs. Carriers remain responsible for 49 CFR Part 396 compliance, including systematic maintenance programs, DVIRs, and periodic inspections. The Company is not liable for failures due to missed schedules or inspections.
14. FAAAA Preemption
14.1 Federal Preemption
The FAAAA (49 USC 14501(c)) preempts state and local regulation of motor carrier prices, routes, and services for property transportation. This preemption applies to the Carrier's transportation services under this Agreement.
14.2 Scope
Carrier rates, routes, and services are governed by federal law and this Agreement, not state or local economic regulation. State consumer protection statutes applied in a manner effectively regulating rates, routes, or services are preempted per 49 USC 14501(c).
14.3 Safety Authority Preserved
States retain authority over motor carrier safety: vehicle weight/size limits, driver licensing, equipment standards, insurance, and other safety matters per 49 USC 14501(c)(2).
14.4 Platform Not Preempted
FAAAA preemption applies to motor carrier transportation, not the SaaS Platform. Platform disputes may be subject to state laws per Section 17.
15. Independent Contractor Relationship
15.1 No Employment Relationship
Users are independent contractors, not employees, agents, partners, or joint venturers of the Company. The Company does not control the manner or methods of User business operations (except where acting as Carrier under Section 6).
15.2 Tax Responsibility
You are solely responsible for all income taxes, self-employment taxes, FICA, unemployment insurance, and other tax obligations. The Company will not withhold taxes or provide employment benefits.
15.3 Insurance and Compliance
You are responsible for all required insurance (motor carrier liability, cargo, workers' comp, general liability) and compliance with all applicable laws, including FMCSA operating authority, DOT registration, IFTA licensing, and UCR registration.
15.4 No Authority to Bind
No User may bind, obligate, or represent the Company to third parties without express written authorization.
16. Indemnification
16.1 User's Indemnification Obligations
You agree to indemnify, defend, and hold harmless DLW Estate Trucking LLC, its officers, directors, members, managers, employees, contractors, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Freight loss, damage, or delay resulting from your acts, omissions, or negligence (or those of your employees, agents, or subcontractors);
- Violation of any applicable law, including FMCSA, DOT, and HAZMAT requirements;
- Breach of this Agreement;
- Unauthorized Platform use or violation of Section 10;
- Third-party claims from your business operations or transportation activities;
- Your negligence, gross negligence, or willful misconduct; and
- Personal injury, death, or property damage from your operations.
16.2 Procedures
The Company will provide prompt notice of indemnification claims. You control the defense with counsel of your choosing; the Company may participate at its own expense. Settlements imposing Company obligations or admitting Company fault require prior written consent.
17. Dispute Resolution
17.1 Informal Resolution
Before formal proceedings, the parties will attempt informal resolution through written notice describing the dispute and relief sought. The parties have thirty (30) days to resolve through good faith negotiation.
17.2 Binding Arbitration
Unresolved disputes go to binding arbitration under AAA Commercial Arbitration Rules, conducted by a single arbitrator in the State of Texas (or mutually agreed location). The award is final, binding, and enforceable in any court of competent jurisdiction.
17.3 Small Claims Exception
Either party may bring claims within small claims court jurisdictional limits instead of arbitration. Claims removed from small claims court revert to arbitration.
17.4 Class Action Waiver
EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER CLASS PROCEEDINGS. If this waiver is found unenforceable, the entire arbitration provision is void.
17.5 Governing Law
This Agreement is governed by Texas law without regard to conflict of laws. Where federal law applies (Federal Arbitration Act, 9 USC 1 et seq.; Carmack Amendment, 49 USC 14706), federal law controls.
17.6 Venue
Non-arbitrable claims (injunctive relief, award enforcement) are subject to exclusive jurisdiction of Texas state and federal courts. Each party waives objections to venue.
17.7 Equitable Relief
Either party may seek injunctive or equitable relief to prevent irreparable harm pending arbitration.
17.8 Attorneys' Fees
The prevailing party in any proceeding is entitled to recover reasonable attorneys' fees and costs.
18. Termination
18.1 Termination by User
You may terminate at any time with thirty (30) days' written notice to derrick@derricktransport.com or via the Platform's cancellation feature. Access continues through the current paid period. No refunds for remaining time.
18.2 Termination by Company
The Company may terminate with thirty (30) days' notice for any reason, or immediately for:
- Material breach of this Agreement;
- Prohibited Use per Section 10;
- Payment failure uncured within ten (10) days of notice;
- Security risk to Platform or other Users; or
- Legal, court, or government requirement.
18.3 Effect on Data
User Data is retained for thirty (30) days after termination ("Data Export Window") for export in standard format. After that, data is deleted from active systems. Anonymized/aggregated data may be retained. Certain data (e.g., ELD records per 49 CFR 395.8(k)) may be retained longer as required by law.
18.4 Surviving Provisions
Sections 2, 8, 9, 11, 12, 16, 17, 18, and 21 survive termination.
19. Modifications
19.1 Right to Modify
The Company may modify this Agreement with at least thirty (30) days' notice by email and website posting with a revised "Last Updated" date.
19.2 Acceptance of Changes
Continued use after the effective date of modifications constitutes acceptance. If you disagree, terminate per Section 18.1 before the changes take effect.
19.3 Non-Material Changes
Non-material changes (typo corrections, contact updates, clarifications not affecting rights) may be made without thirty days' notice and reflected in the "Last Updated" date.
20. Contact Information
If you have any questions, concerns, or notices regarding this Agreement, please contact us at:
DLW Estate Trucking LLC
d/b/a FleetCommand Pro
Website: derricktransport.com
Email: derrick@derricktransport.com
All legal notices must be sent in writing to the email address above. Notices sent by email are considered received on the business day following the date of transmission. For cargo claims, please refer to the notice and filing requirements in Section 8.
21. Miscellaneous
21.1 Severability
If any provision is held invalid, the remaining provisions continue in force. The invalid provision will be modified to the minimum extent necessary or severed if modification is not possible.
21.2 Entire Agreement
This Agreement, the Privacy Policy, E-Sign Disclosure, and any written rate confirmations constitute the entire agreement, superseding all prior communications regarding the Services.
21.3 Waiver
Failure to enforce a right does not waive it. Waivers must be in writing and signed. A waiver on one occasion does not apply to subsequent occasions.
21.4 Assignment
You may not assign this Agreement without written consent. The Company may assign in connection with a merger, acquisition, or asset sale. Unauthorized assignments are void.
21.5 Notices
Notices must be in writing, delivered by: (a) personal delivery, (b) email to the address on file, or (c) certified mail, return receipt requested. Keep your contact information current.
21.6 Headings
Section headings are for convenience only and do not affect interpretation.
21.7 Third-Party Beneficiaries
No third-party rights are created except for Indemnified Parties under Section 16.
21.8 Relationship of Parties
Nothing creates an agency, partnership, joint venture, or employment relationship. Each party is an independent contractor.
21.9 Electronic Communications
You consent to electronic communications (email, in-app, Platform notices) satisfying any written communication requirement.
21.10 Compliance with Laws
Each party will comply with all applicable laws, including anti-corruption, export control, and sanctions regulations.
21.11 Third-Party Map and Data Attributions
The Fleet Status tracking page uses mapping technology provided by MapLibre GL JS (BSD-3-Clause license). Map tiles are provided by CARTO. Base map data is sourced from OpenStreetMap contributors under the Open Database License (ODbL).