S-CLASS LOGISTICS TERMS OF USE
&
CONDITIONS
The following Terms of Use is a legal contract between an individual carrier/owner operator and
S-CLASS Logistics regarding the use of our website and services.
These terms were last updated on April 27, 2024.
Welcome to S-CLASS Logistics and thank you for visiting.
PLEASE REVIEW THE TERMS IN S-CLASS Logistics' MAIN SERVICES AGREEMENT CAREFULLY. By accessing or using the Services, you are accepting to be bound to the terms of THIS Agreement. ONCE ACCEPTED, THESE TERMS OF SERVICE BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND S-CLASS Logistics. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE SERVICES.
USING THE SITE
1.1 You may use our site and services only as permitted by law. We may suspend or terminate your access if you do not comply with our policies or if we are investigating alleged misconduct. THE SERVICES ARE INTENDED FOR BUSINESS USE OR USE IN CONNECTION WITH AN INDIVIDUAL’S TRADE, CRAFT, OR PROFESSION ONLY. You must be 18 years or older to use the Services.
1.2 This Main Services Agreement (“Agreement”) sets forth the terms for your use of the Services and is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between
S-CLASS Logistics and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you”, “your”, “yours”, or “Customer”). You may receive access to Services through your employer, an entity with whom you have contracted with as an independent contractor, enrolled as a student, or are otherwise affiliated with. The use of the terms “you” and “your” throughout this Agreement also means you as an individual user and your affiliated entity, if and when applicable.
COMMUNICATIONS
2.1 These terms MAY change. We will make COMMERCIALLY reasonable efforts to let you know at least THIRTY (30) days before we make any significant changes that impact you or your use of our services unless we are unable to because of changes in laws, regulations, or carrier requirements. The updated version of this Agreement will be posted on this page and your continued use of the Services on or after the date the updated version is effective constitutes your acceptance. The updated version of this Agreement supersedes all prior versions. If you do not agree to the updated version of this Agreement, you must stop using the Services immediately.
2.2 We may send you announcements and other important information in connection with your use of our site. You may opt out of some of these communications at any time.
2.3 We’re always looking to innovate and enhance our Services. You acknowledge that the features and functions of the Services may change over time. We will make commercially reasonable efforts to notify you prior to implementing any change, except where S-CLASS Logistics, in its sole discretion, determines the change is required for security reasons, by telecommunications providers, or to comply with applicable law or regulation.
PRIVACY PROTECTION
Confidential Information
3.1 Obligations. Each party will keep confidential and will not use (except as reasonably necessary to perform its obligations under and carry out the intent of these Terms) or disclose to any third party (except third parties on a need-to-know basis for the limited purpose of carrying out its obligations under these Terms), and will take all commercially reasonable precautions to secure any Confidential Information of the other party, but in no event less than the methods used to protect the party’s own Confidential Information. Confidential Information will not include information that (a) is or becomes readily publicly available through no fault of the receiving party or its employees or agents; (b) is received from a third party lawfully in possession of and lawfully empowered to disclose such information; (c) is rightfully in the possession of the receiving party prior to its disclosure by the other party; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. For the avoidance of doubt, all S-CLASS Logistics' Data is Confidential Information as displayed and provided to you through the Services despite the occasion when some data may be public.
3.2 See our Privacy and Cookie Policy for more information regarding how we handle your personal information and protect your private data when you use our site.
TERMS AND TERMINATION
4.1 Term. These Terms take effect on the Effective Date and will remain in effect until all applicable Order Forms have expired or been terminated. The initial term of each subscription to the Services will be described in the applicable Order Form (the “Initial Term”). Except as otherwise described in an Order Form, subscriptions for each Service will automatically renew for additional periods equal in length to the expiring subscription term (each, a “Renewal Term”) unless either party provides notice of non-renewal at least thirty (30) days prior to commencement of the next renewal term.
4.2 Termination. A party may terminate these Terms for cause: (a) upon written notice to the other party upon a material breach if such breach remains uncured within thirty (30) days from the other party’s receipt of said notice; or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
4.3 Termination by S-CLASS Logistics. S-CLASS Logistics may terminate these Terms: (a) immediately without notice if you are in violation of Sections 3 or 4; (b) for convenience and without penalty upon thirty (30) days written notice of S-CLASS Logistics’ intent to terminate; or (c) immediately without notice if you have not used the Services for a consecutive ninety (90) day period.
4.4 Fees. Any termination made in compliance with the Terms will take effect on the last day of the billing period in which the cancellation is processed. No portion of a payment will be refunded or prorated at the time a termination request is made. You are encouraged to keep records of all communications regarding termination. Termination of an account does not resolve outstanding amounts owed or nullify previously agreed upon charges or fees, such as payments charged in installments or annual contract charges, portions of which may not yet have been invoiced at the time of your termination request. At the time of termination, any outstanding amounts owed to S-CLASS Logistics must be settled.
4.5 Service Suspension. S-CLASS Logistics may suspend your access to the Service due to a Suspension Event, but where practicable will give you prior notice so that you may seek to resolve the issue and avoid suspension. S-CLASS Logistics is not required to give prior notice. “Suspension Event” means, upon S-CLASS Logistics' belief in its sole discretion: (a) your account is thirty (30) days or more overdue; (b) you are in breach of these Terms; or (c) your use of the Service risks harm to the Service, S-CLASS Logistics, or others. You acknowledge that, in the event of a Service suspension, S-CLASS Logistics is not liable for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you (including any user) may incur because of a Service suspension.
4.6 Effect of Termination. S-CLASS Logistics is not a data storage solution. Upon expiration or termination of these Terms, you will immediately discontinue use of the Services and S-CLASS Logistics may delete all data
(Customer Data or otherwise) in its possession.