Terms of Service
Last Modified: 1 August 2025 PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICES OFFERED HEREIN (“Service”). By using or downloading information from this Website, you represent that you have read and understand these Terms of Service and agree to be bound by them. If you do not agree with these Terms of Service, in whole or in part, please do not continue to use this Website or Service. To fully use all features of this Website and Service, you must register. Registration requires a valid email address.
1. Changes to Terms of Service Advent Intermodal Solutions LLC (“Advent”, “Company”, “us”, or “we”) may modify these Terms of Service (these “Terms”) at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Website or Service following the posting of changes will indicate your acceptance of those changes.
2. Copyright and Restrictions on Use The Website and its entire contents, features, services and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Materials”), as well as its organization and design are the property of Company or its suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material, except as follows:
•Your computer may temporarily store copies of Materials in RAM incidental to your accessing and viewing those Materials.
•You may store files that are automatically cached by your web browser for display enhancement purposes.
•You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You may use the Website or Service only for lawful purposes and in accordance with these Terms of Service. You agree to not:
•Use the Website or Service for any illegal purpose or in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
•Engage in any conduct that restricts or inhibits any other party’s use or enjoyment of the Website or Service, or which, as determined by us, may harm us, our customers or users of the Website and Service or expose them to liability, or violate any right of a third party, including collecting personal information about another user or third party without consent.
•Use the Website or Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Service, including their ability to engage in real time activities through the Website or Service.
•Use any page-scrape, robot, spider or other automatic device, process, algorithm, program or methodology to access the Website or Service for any purpose, including monitoring or copying any of the Material.
•Use any manual process to monitor or copy any of the Material or for any other unauthorized purpose without our prior written consent.
•Use any device, software or routine that interferes with the proper working of the Website including its security related features.
•Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
•Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
•Use the Service to perform any fraudulent activity including impersonating any person or entity, claim a false affiliation or identity, or access any other user account without permission.
•Otherwise attempt to interfere with the proper working of the Website including its security related features.
•Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service, any software, documentation, or data related to the Service, or any software contained on or accessed through the Website.
•Copy, modify, translate, save or create derivative works based on the Service (except to the extent expressly permitted by Company or authorized within the Service).
•Use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.
•Use the Service to sell or provide products and services that: (i) are illegal, (ii) infringe intellectual property rights, (iii) are unfair, predatory, or deceptive, (iv) include adult content.
•Assist or permit any person to engage in any of the foregoing prohibited acts.
3. Conditions of Use To access most of the features of the Service, you must register for an account with Company and/or our service providers. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. Such information will be governed by our Privacy Policy described below. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us as set forth in these Terms.
In connection with each transaction and proposed transaction through access or use of any of the Website or any Website-related services or through any use of the Service (together, “Transactions”), you acknowledge and agree that, except as noted otherwise in your Service Order: (a) Company has provided the Website to serve only as a medium to facilitate the initiation of a commercial transaction between or among parties other than Company; (b) each Transaction shall be directly between or among parties other than Company; (c) Company is not and shall not be a party to any Transaction; (d) Company does not owe any fiduciary duty to any party or to have any special relationship with any party; (e) Company may or may not be a manufacturer, distributor or seller of any goods or services in a Transaction; (f) the parties to each Transaction (other than Company) are responsible for determining and ensuring that all transactions comply with applicable law, including, without limitation, payment of applicable taxes; and (g) Company may or may not have control over any Transaction, therefore, registered users agree that they will proceed under the assumption that Company does not.
4. Intellectual Property Notice Nothing contained in these Terms of Service shall be construed as conferring any license or right to any trademark or other intellectual property right of Company, its suppliers or any other party. “Advent Intermodal Solutions LLC” and the related logos displayed throughout this Website or Service are the trademarks or registered trademarks of Company. You may not display, use as a link, or otherwise use any of the trademarks, trade names, service marks or logos of Company or its suppliers without the prior written consent of the owning party. All other trademarks, trade names, service marks and logos are the property of their respective owners.
5. Compliance with Law We control and operate this Website and Service from our offices or from a supplier’s designated datacenter. Company makes no representation that the Materials are appropriate or available for use in a particular location. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website or Service.
6. Other Businesses and Links Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, logo or otherwise does not constitute or imply endorsement by Company or its suppliers. This Website may contain links to websites or be linked to websites not under the control of Company or its suppliers. Company and its suppliers do not endorse the companies, products or websites that are linked to this Website. Accordingly, Company and its suppliers do not assume any responsibility or liability for the actions, products or content of linked websites. If you decide to access any of the third-party websites or services linked to this Website, you do so entirely at your own risk.
7. Disclaimers TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE, THE SERVICE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, COMPANY AND ITS SUPPLIERS DO NOT WARRANT THAT THIS WEBSITE, SERVICE OR THE MATERIALS: (A) ARE COMPLETELY ERROR FREE; (B) WILL OPERATE WITHOUT INTERRUPTION; (C) ARE CURRENT, ACCURATE OR COMPLETE; (D) ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (E) ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; OR (F) WILL OTHERWISE MEET YOUR NEEDS. Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“E-Problems”). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Website or Service is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E- Problems include using firewalls, password protection, and anti-virus programs.
8. Limitation on Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS SUPPLIERS AND AFFILIATES, ITS THIRD-PARTY SERVICE PROVIDERS (INCLUDING ITS PAYMENT PROCESSORS) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT RESULT FROM: (A) YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE,THE SERVICE OR THE MATERIALS; (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE OR THE SERVICE; (C) ANY GOODS OR SERVICES ADVERTISED ON, OR LINKED TO, THIS WEBSITE; (D) ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO, UNDER ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY STATUTE OR OTHER THEORY, EVEN IF COMPANY OR ITS SUPPLIERS OR AFFILIATES OR ITS THIRD-PARTY SERVICE PROVIDERS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. COMPANY’S AGGREGATE MAXIMUM LIABILITY FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU IN THE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
9. Restriction, Suspension and Termination If Company determines, in its sole discretion, that you are using or have used any portion of the Website, Service or the Materials in a manner inconsistent with any of these Terms of Service, Company shall have the right to take appropriate action without prior notice to you including, without limitation, the following: (a) remove any material you have submitted; (b) limit, restrict, suspend and/or terminate your access to, and use of, the Website, Service, Materials or any portion thereof; and (c) seek any remedies available at law or in equity.
10. Privacy Policy Any collection or use of personally identifiable information collected from you via this Website or the Service is governed by our Privacy Policy, accessible via the “Privacy Policy” link during application registration, which is incorporated by this reference into these Terms of Service.
11. Indemnification You shall indemnify and hold Company, its suppliers and affiliates, and each of their respective shareholders, directors, officers, managers, employees, consultants, owners, members, agents, representatives, licensors, licensees, and investors (collectively, the “Indemnified Parties”), harmless from and against any and all claims, legal actions, demands, controversies, disputes, liabilities, losses, expenses, costs and/or damages including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) arising out of or related to (a) any breach by you of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation of Service, (b) your data, content, or other materials provided by you to any third party, (c) the infringement, misappropriation or violation of any patent, copyright, trademark or other intellectual property rights or trade secrets, (d) any contractual or other relationship between you and any other third party, (e) your provision of inaccurate or incomplete information, (f) fees, fines, refunds, returns, chargebacks or other liabilities imposed by any payment processor or merchant, (g) your failure to timely file any tax information return or report, (h) any taxes, fees, penalties, fines, or losses, imposed on or incurred by any of the Indemnified Parties resulting from your use of the Services or any third party services, or anyone using your account on the Service or any applicable third party service, (j) any transactions, charges, disputes, refunds, reversals, claims and any associated fines, or (h) otherwise relating or arising from your access or use of the Website, Service or the Materials. You shall cooperate, at your expense, as reasonably requested by Company in the defense of all Claims. Company will promptly notify you of any such Claim subject to indemnification (provided, however, that the failure to deliver such notice shall not relieve you of your indemnification obligations hereunder, except to the extent of any material prejudice as a direct result of such failure) and Company will give reasonable assistance, at your sole cost and expense. Company reserves the right to assume sole control over defense and settlement of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You shall not enter into any settlement or compromise of any such claim in the event such settlement or compromise imposes any liability or obligation on any Indemnified Party without the prior written consent of the applicable Indemnified Party. No Indemnified Party will not be responsible for any settlement it does not approve in writing.
12. Entire Agreement and Amendment; Electronic Communications These Terms of Service, including the Privacy Policy, SLA & Service Credit Policy, constitute the entire agreement between Company and you with respect to the subject matter hereof but excluding any master service agreement or service order signed by you and Company. Any and all portions of the Terms of Service may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of the Company. By using the Service, you consent to receiving certain electronic communications from us. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You further consent to executing electronic signatures in connection with the Service and any Transactions and agree that any such electronic signatures will satisfy any legal requirements.
13. Waiver No failure or delay on the part of Company to exercise any right, power or remedy under these Terms of Service shall operate as a waiver; nor shall any single or partial exercise by Company of any right, power or remedy under these Terms of Service preclude any other or further exercise of any right, power or remedy.
14. Severability The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
15. Governing Law, Venue and Dispute Resolution These Terms of Service shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the state of California, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms of Service and your use of this Website and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Such arbitration shall be held in Los Angeles County, California before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, UNITED STATES OF AMERICA.
16. Customer Support. Phone and webform support is available from 7AM EST (Eastern Standard Time) to 5PM PST (Pacific Standard time), Monday through Friday, with reduced hours during holidays in the US. We accept webform support questions 24 Hours per Day x 7 Days per Week. Questions can be submitted at https://help.emodal.com/hc/en-us/requests/new. We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
17. Notices.
All notices, demands, or other communications to be given hereunder shall be in writing, shall be given either by personal delivery, confirmed facsimile, electronic mail with delivery receipt, or by certified mail, and shall be deemed to have been made when personally delivered, electronic mail delivery receipt received, or when sent by certified mail. For notices to you, we will send it to the email or address we have on file associated with your account and for notices to the Company, notices will be sent to the following address:
To CargoSprint:
303 Perimeter Center
Atlanta, GA 30346
Portal Application SLA & Service Credit Policy
1. Service Level Commitment. We will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.5% (“Service Level Commitment”).
2. Service Credits. If we confirm there is a failure to meet a Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on the monthly fees invoiced for the affected Service in the month experiencing such failure consistent with the Section 6 below (“Service Credit”). To receive a Service Credit, you must submit a ticket at https://help.emodal.com/hc/en-us/requests/new with all fields fully and accurately completed and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure and Root Cause Analysis (RCA Reports) are the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected Service in that invoice billing period. We reserve the right to deny a Service Credit if you do not qualify for one.
3. Exclusions. You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (a) your use of the Service in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials whether provided by you or a third party including but not limited to Terminal Operating System, Gate System, Truck Management System; (e) third-party equipment, apps, add-ons, software or technology; (f) routine scheduled maintenance or reasonable emergency maintenance; (g) additional, specific limitations as described below; or (h) breach of Section 2 (Copyright and Restrictions on Use) of these Terms by any user in a manner that impacts the Service Level Commitment.
4. Exclusive Remedies. Unless stated in your Service Order, Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Commitment.
5. Definitions. All capitalized terms not otherwise defined are as set forth in the Terms of Service (“Terms”).
• “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes, less any scheduled maintenance activity, in the relevant calendar month.
• “Downtime” occurs when the Service is not accessible and there is a High or Severe Business Impact which is affecting multiple users.
• “Applicable Monthly Service Fees” means the total fees actually paid by you for a Service that are applied to the month in which a Service Credit is owed.
• “Incident” means (i) any single event, or (ii) any set of events, that result in an interruption of production service.
• “Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades. We will publish notice or notify you prior to the commencement of such Downtime and it will generally be on the weekend or after business hours.
• “Service Level” means the performance metric(s) set forth in this SLA that we agree to meet in the delivery of the Services.
Service Specific Terms
Portal Application Downtime: Any period of time when users are unable to connect to the Portal Application for freight orchestration, automated appointment setting and fee settlement.
Service Level Commitment: Monthly Uptime Percentage Service Credit
< 99.5% 10%
< 99% 15%
<97% 25%
<95% 50%
<90% 100%
Additional Limitations: Service Credits only apply to the container transaction fees charged by Company. Company is not responsible for additional fees or penalties that are incurred by a user that are levied by any third party.
