CargoSprint LLC (“CargoSprint”, “us”, “we”, or “our”), operates and owns the SprintPass product line which includes SprintPass for Cargo Facilities, SprintPass for Trucking Companies, SprintPass for Freight Forwarders, SprintPass Warehouse Manager and the SprintPass Driver app (collectively, the “Service”).
The access to and use of the Service is conditioned by your (“you”, “your”) acceptance of and compliance with these Terms of Use (“Terms”, “SprintPass Terms”) which apply to all visitors, users, and others who access or use the Service including the “Authorized Personnel” (as defined below). These Terms constitute a legal agreement between you and CargoSprint LLC. Consequently, this agreement constitutes your acceptance of the terms under any applicable law or regulation.
For the purpose of these Terms, “Authorized Personnel” refers to your employees, authorized representatives, and agents who have been approved by you to use the Service and will do so under the terms of these SprintPass Terms.
The provisions set forth in these Terms of Use enter into effect as of the date shown above. Continued use of the Service indicates your acceptance of these Terms. If you no longer accept these Terms of Use, or any future modification to these Terms of Use, you must cease using the Service.
We may suspend and/or terminate your access to the Service and without prior notice or liability for any or no reason whatsoever, including without limitation if you breach these Terms of Use.
Furthermore, please note that your use of the Service is also governed by our Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements shown on the Service and, if applicable, on our Software as a Service Agreement (“SaaS Agreement”).
You should review our Privacy Policy to understand how we collect personal information, what we collect, how we use it, how we share it, and what controls and choices you have.
1. Account management
1.1 Opening an account
- In order to open an account for the Service, you must comply with the following requirements:
- Be at least eighteen (18) years old.
- Complete the registration process.
- Agree to these Terms of Use and our Privacy Policy.
- Willing to accept an obligation of paying for services rendered, if applicable.
- You agree to the use of the Service in strict accordance with these Terms and in compliance with all applicable laws and regulations in the jurisdiction where you reside, access or use the Service.
1.2 Account information and management
- It is your responsibility to ensure that the data you provide us is updated and correct. If this information has changed, please contact us at support@cargosprint.com
- We may update the information on your Service account for billing purposes.
- Under these Terms of Use you authorize us, directly or through third-party Service Providers, financial institutions and databases, to make inquiries, verify, or take any actions we consider reasonable whenever we believe there may be an increased level of risk associated with your account.
- We reserve the right to conduct any risk analysis we deem necessary in order to manage your account access.
1.3 Account security and availability
- CargoSprint has and will continue to implement commercially reasonable security procedures and practices appropriate to the nature of the personal information provided by you via the Service to protect such personal information from unauthorized or illegal access, destruction, use, modification, or disclosure in accordance with applicable Federal and State Laws if User Data is processed via the Service.
- It is your responsibility to manage user credentials and ensure no unauthorized access to the Service is permissible. To the extent enabled and if applicable, every individual Authorized Personnel is to have unique credentials (i.e., username and password ) supplied by CargoSprint. Furthermore, it is your responsibility to keep Service accounts’ usernames and passwords confidential. CargoSprint will not be liable for any unauthorized use or losses derived from your negligence in regard to Service account management.
- We don’t have access to your current or previous passwords and for your security we may only guide you on how to reset your password. In no event shall we be liable for any unauthorized use of your account.
- If you believe someone has gained unauthorized access to your account, please contact us at support@cargosprint.com.
- CargoSprint will use commercially reasonable efforts to make the Service available to you with an uptime of at least 99% measured per calendar month. Notwithstanding the above, any Downtime (as defined below) resulting from outages of third-party connections or other reasons beyond our control will be excluded from any Downtime calculation. Under these Terms “Downtime” means any time there is a material performance degradation or inoperability of the Service, in whole or in part, except for circumstances that are expressly excluded from downtime under this calculation as described in these Terms.
1.4 Obligations and use of the Service
- You are obliged to ensure that your representations remain true not only at the time they were made and always throughout the duration of these Terms of Use.
- You are obliged to communicate promptly to CargoSprint regarding any changes to your information and documentation regarding your identity, your contact information, your business ownership and activities, and any other information that may affect CargoSprint’s delivery of services to you.
- For clarity, the representations and obligations listed in this Section are not exhaustive. You are subject to all your representations and obligations set forth in these Terms as well as in any other agreement established with us, whether or not these obligations are specified in this section.
- Subject to your compliance with these Terms, CargoSprint grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Service. Except as expressly permitted in these Terms or under applicable law, you may not: copy, modify, or create derivative works based on the Service; distribute, transfer, sublicense, lease, grant access to, lend or rent the Service to any third party; reverse engineer, decompile, or disassemble the Service, or make functionality of the Service available to multiple users through any means. CargoSprint reserves all rights in and to the Service not expressly granted to you under these Terms. Any attempt to distribute, sublicense, lease, lend, rent, reverse engineer, decompile or disassemble the Service will automatically terminate your right to use the Service.
2. Booking reservations with cargo facilities
2.1 Selecting and making a reservation with a cargo facility
- Through the Service, you can submit a time slot to pick up or drop off cargo at a selected cargo facility (“Reservation”).
- You are responsible for the information submitted to make your Reservation including selecting the correct cargo facility and that the submitted documentation (e.g. air waybill numbers, driver’s name, etc.) related to your Reservation are correct.
- Under these Terms of Use you understand and accept that each cargo facility has its own procedures and depending on the facility your Reservation may take longer to process than others.
- You acknowledge, agree and accept that the cargo facility reserves the right to accept or reject your Reservation. Reservation slots are subject to change or closure, are limited in availability and are not guaranteed and may not be available at all on the date of visit or at the time you make a selection. Price, terms and entitlements are subject to restrictions, and change or cancellation without notice by the cargo facility.
- Upon successfully creating your Reservation through the Service, you will be assigned a Pickup Number (“PKU”). Use this Pickup Number to check into the facility at the Kiosk.
- Creating a Reservation does not imply that the facility has accepted your request. The facility may reject or modify your Reservation. Reasons for your Reservation being rejected include but are not limited to:
- US Customs not granting clearance to your cargo
- Your cargo has not been broken down by the cargo facility yet and therefore isn’t ready for pickup
- The driver arrived too early for the Reservation
- The driver arrived too late for the Reservation
- The driver arrived on time but entered the air waybill number instead of the pickup number at the kiosk
- Under these Terms, CargoSprint is not liable for any unexpected fees due to the cargo facility rejecting your Reservation.
- The cargo facility may revise the time and/or date of your Reservation even after accepting it.
- We or the cargo facility may request additional information from you to process your Reservation. You may choose not to disclose this information however doing so may imply your Reservation is not processed.
2.2 Cargo handling
- We work with the cargo facilities to process your Reservation. However, we are not liable for the handling of your cargo.
- Concerns regarding missing cargo, mishandling, and/or damage should be managed and discussed directly with the corresponding facility and/or airline.
3. Feedback
CargoSprint has not agreed to and does not agree to treat as confidential any Feedback you provide to us and nothing in these Terms of Use or in our dealings arising out of related to these Terms of Use will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. (“Feedback” means any idea or suggestion for improving or otherwise modifying any of our products and services. Feedback will not be considered your confidential information or your trade secret. Feedback does not include any suggestion or idea to the extent that it solely addresses your specific products’ or services’ unique features.).
4. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS”. CARGOSPRINT AND ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CARGOSPRINT AND ITS SERVICE PROVIDERS DO NOT MAKE ANY WARRANTY THAT OUR SERVICES WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WE WILL MAKE A REASONABLE EFFORT TO RESTORE THE SERVICE HOWEVER YOU UNDERSTAND AND ACCEPT THAT YOUR USE OF OUR SERVICE IS AT YOUR OWN DISCRETION AND RISK.
5. Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL CARGOSPRINT BE LIABLE FOR SPECIAL DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF INFORMATION OR DATA, DATA BEING RENDERED INACCURATE, OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF AWARE OF THE POSSIBILITY THEREOF, ARISING IN ANY WAY OUT OF THE SALE, LICENSE, USE OR INABILITY TO USE, THE SERVICE, OR ANY LIABILITY OR DAMAGES TO ANY THIRD PARTY, HOWEVER CAUSED.
6. Suspension and termination
6.1 CargoSprint may suspend or terminate
In addition to CargoSprint’s termination rights specified under section 1.4(d) of these Terms, we reserve the right to suspend or terminate your access to the Service for however long we deem necessary for one or more of the following reasons:
- There is a dispute with your account.
- We believe a third-party has gained unauthorized access to your account.
- We discover or have reasonable cause to suspect money laundering, fraud, or any other illicit activity by you.
- You breach these Terms of Use.
6.2 You may terminate
You may terminate and close your account however it is your responsibility to notify us in writing so that we may process your request. Upon termination, you must cease to use the Service.
All provisions of these Terms which by their nature should survive termination will survive termination—regardless of whether CargoSprint or you terminate—including without limitation warranty disclaimers, indemnity, limitations of liability, ownership provisions, and if applicable, your obligation to pay CargoSprint’s invoices accrued prior to such termination.
7. Severance
If for any reason, a clause within these Terms is not enforceable, this will not affect or invalidate any other clause within these Terms of Use.
8. Independent Contractors
Nothing in these Terms will be deemed to create a joint venture, partnership, employment, or similar relationship between us and you.
9. Arbitration and Class Action Waiver
We hope we never have a dispute, but if we do, you and we agree to try for sixty (60) days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Furthermore, combining individual proceedings is not allowed without the consent of all parties.
9.1 Disputes Covered – Everything excluding IP rights and non-payment
The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service, your account, marketing, communications, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights, or non-payment of Section 7 Fees.
10. Governing law
These Terms of Use and any dispute arising hereunder shall be construed in accordance with the laws of Georgia without regard to its conflict of laws principles. All disagreements arising from or related to these Terms of Use shall be settled by and you agree to the jurisdiction of any state or federal court of competent jurisdiction in the State of Georgia.
11. Changes to these Terms of Use
11.1 Updates and notification of changes
- We may update our Terms from time to time.
- We will make a reasonable effort to inform you whenever significant changes are made to these Terms of Use via notification on the Service and/or email.
11.2 Terminology
- Unless otherwise defined in these Terms, the terms used herein have the same meanings as in our Privacy Policy.
12. Contact us
If you have any questions about these Terms of Use, please contact us at inquiries@cargosprint.com