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Terms of Use

Terms of Use

TERMS OF USE

These “Terms of Use” govern your use of any websites, mobile applications, or downloadable software (our “Sites”) provided by an ACERTUS company, which includes but is not limited to Metrogistics LLC, Amerifleet Transportation, Inc., Metro Title Services, LLC (together “ACERTUS”). You (on behalf of yourself and any company you represent) automatically agree to these Terms of Use and to our Privacy Policy simply by visiting, viewing, or using any of our Sites.

Access to and use of our Sites are subject to the following terms as set forth in these Terms of Use.  Please review them carefully.  If you do not agree to the terms, do not use the Site.  Content of these Sites may not be used for commercial benefit without express written consent of ACERTUS. You must be 18 years or older or the age of majority as defined in your jurisdiction, whichever is older, to use the Site.  Note that  any services provided by ACERTUS, including vehicle transportation, storage, and title and registration services, are governed by our Terms of Service or a separately negotiated contract. 

Ownership.

All content, information, and materials included on the Sites, such as text, graphics, logos, images, audio clips, video, data, software, and other material (collectively “Content) and all related software, source code, object code, computer programs, applications, and other intellectual property associated with the Sites (“Software”), is owned or licensed property of ACERTUS and constitutes protected U.S. and international copyright, trademark, patent, or other proprietary rights. Nothing herein shall be deemed to convey or transfer to you any ownership right, title, or interest in and to any Content or Software and other intellectual property associated with any “Software as a Service” shall remain vested in ACERTUS. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF ACERTUS SHALL NOT BE USED BY YOU IN ANY WAY WITHOUT A SPECIFIC LICENSE TO DO SO FROM ACERTUS.

Intellectual Property.

To protect our intellectual property, ACERTUS requires a license agreement or its written permission prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to ACERTUS.  For additional information on license agreements and ACERTUS intellectual property, including trademarks and copyrights, contact us at: legal@acertusdelivers.com

ACERTUS complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). If you believe any materials infringe your copyrights, please let us know by emailing the following information to legal@acertusdelivers.com:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”), of an exclusive right that is allegedly being infringed;
  • The Complaining Party’s address, telephone number, and email address;
  • Identification of the allegedly infringing material on the Services (“Infringing Material”), and information reasonably sufficient to permit ACERTUS to locate such material;
  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of Infringed Material that is allegedly infringed.

Unlawful or Prohibited Uses.

The Sites may only be used for lawful purposes in accordance with these Terms of Use. As a condition of your use of the Sites, you warrant to ACERTUS that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

  1. In any way, violate any applicable federal, state, local, or international law or regulation;
  2. Make any unauthorized commercial use of the Sites or its Content;
  3. Download, copy, or transmit any Content for the benefit of any other merchant;
  4. Use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites other than the search engine and search agents provided by ACERTUS or generally publicly available browsers;
  5. Frame, mirror, or use framing techniques on any part of the Sites without our express prior written consent;
  6. Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, except pursuant to the limited license granted by these Terms of Use;
  7. Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites, or express or imply that we endorse any statement you make;
  8. Create user accounts by automated means or under false or fraudulent pretenses;
  9. Use a buying agent to conduct transactions on the Sites;
  10. Violate or attempt to violate the security of the Sites, including, without limitation:
  • accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
  • trying to change the behavior of the Sites;
  • attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
  • attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”;
  • forging communications on behalf of the Sites (impersonating the Sites) or to the Sites (impersonating another user);
  • Send unsolicited or unauthorized email on behalf of ACERTUS, including promotions and/or advertising of products or services;
  • Tamper with the Sites or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Sites or any activity being conducted on the Sites;
  • Use the Sites to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  • Harvest or collect personally identifiable information about other users of the Sites;
  • Restrict or inhibit any other person from using the Sites (including, without limitation, by hacking or defacing any portion of the Sites);
  1. Use the Sites to advertise or offer to sell or buy any goods or services without ACERTUS’ express prior written consent;
  2. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Sites;
  3. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites;
  4. Remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites;

Your Account.

You may be required to register with ACERTUS in order to access certain services or areas of a Site. You agree that all information you provide to register is correct, current, and complete.

If you create, or are provided with, a username, password, or any other piece of information as part of our security procedures, it is for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. All your acts and omissions and those of unauthorized users who access the Sites via your user id and password shall be deemed your acts and omissions.

You expressly agrees (i) to maintain the security of your users id, password, and other confidential information relating to your account and/or the accounts which you have been granted access; (ii) to notify ACERTUS as soon as reasonably practicable of any real or suspected unauthorized use of a user account; (iii) to notify ACERTUS when you no longer require the use of your user id and password; and (iv) to comply with instructions provided by ACERTUS for using, maintaining, or correcting Your account.

In addition to all other rights available to ACERTUS, including those set forth in these Terms of Use, ACERTUS reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel any order. Upon suspension or termination of your access, or upon notice from ACERTUS, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Sites. The provisions of these Terms of Use, which by their nature should survive your suspension or termination, will survive.

Shared Information.

Any communication or material submitted to the Sites, including electronic mail and/or website submission, is the exclusive property of ACERTUS and is considered to be non-confidential and nonproprietary. Such communications may include, without limitation, questions, comments, suggestions, and ideas. You acknowledge that ACERTUS has the unrestricted right to use information in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person.  See our Privacy Policy for additional terms.

All non-public, confidential or proprietary information of ACERTUS, including, but not limited to, trade secrets, technology, information pertaining to business operations, business strategies, Content, Software, or information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed to you by ACERTUS, whether or not marked, designated or otherwise identified as “confidential” is confidential, and shall not be used for any purpose other than the use of the Sites or ACERTUS providing services, nor be disclosed to any third party or copied, nor be disassembled, decoded, or otherwise reverse engineered, without the prior written consent of ACERTUS. Confidential Information does not include information that is (i) in the public domain, (ii) known to you at the time of disclosure; or (iii) rightfully obtained by you on a non-confidential basis from a third party.  ACERTUS shall be entitled to injunctive relief for any violation of confidentiality obligations herein.

MOBILE APPLICATIONS; DATA POINT COLLECTION.

  1. ACERTUS has mobile ePod applications (“Mobile Application”) available for both iOS and Android. Subscriptions (each a “Mobile Client Subscription”) are required for each User permitted to use the iOS or Android Mobile Application to access ACERTUS SaaS (each a “Mobile Client”).
  2. The ACERTUS Mobile Application allows VINs to be assigned to Mobile Clients, tracks VIN locations via GPS, uploads damages with photos, and provides electronic proof of delivery. The ACERTUS Mobile Application utilizes individual Mobile Client location data collected from the Mobile Client (e.g. latitude and longitude) to provide accurate pickup and delivery timestamps, location-specific meta data, and geo-fencing capabilities to the ACERTUS SaaS software and applicable third party systems.
  3. If User or a Mobile Client has ‘background location’ services turned on, the ACERTUS Mobile Application will, from time to time, inform ACERTUS SaaS software and applicable third party systems about a Mobile Client’s location even if the Mobile Client is not directly interacting with the application. This background tracking may be disabled by turning “background location” services off. While using the ACERTUS Mobile Application, location data is required to be collected. ACERTUS uses various technologies to determine location, including IP Address, GPS, and other sensors that may, for example, provide ACERTUS with information on nearby devices, Wi-Fi access points, and cell towers.
  4. The information and data noted above may be stored and used by ACERTUS to facilitate and coordinate the movement of individual shipments and the network of available supply and demand for services across all customers.
  5. User acknowledges that it is granted access to the SaaS and Mobile Applications. The User understands that access to the ACERTUS SaaS and Mobile Applications may be terminated at any time. At no time will User hold title to or ownership of any Mobile application including Vinlocity or VehicHaul SaaS, Vinlocity or VehicHaul data, source code, object code, or any other Vinlocity or VehicHaul Materials provided to User during the Term. The SaaS and Mobile Applications and related Content and Software is only licensed to User, not sold. User may not use, or permit other individuals or entities to use the same with the prior written consent of ACERTUS.
  6. User acknowledges that the SaaS is provided “as is” and “as delivered” and cannot be construed as being able to be customized or modified in any way. User assumes all responsibility to review all features included in the SaaS prior to signing a Carrier Agreement.

Disclaimer.

ACERTUS MAKES NO WARRANTY WHATSOEVER, ALL MATERIALS ARE POVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS, WITHOUT ANY ARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ACERTUS makes no warranty that (i) the operation of the Sites will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Sites will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting any Sites.

As a convenience to you, ACERTUS may provide links to websites operated by other parties.  ACERTUS makes no representations about the websites accessed and does not endorse any linked website or the information or services provided thereon.

You agree that you and ACERTUS may each bring Claims against the other only in an individual capacity and not on a class, collective action, or representative basis. You understand and agree that you and ACERTUS both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding, except where such waiver is prohibited by applicable Law.

Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ACERTUS AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS, LOST PROFITS, AND/OR LOST REVENUES; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND ACERTUS’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, SHALL NOT EXCEED $200, WHETHER OR NOT ACERTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification.

To the maximum extent allowed by law, you agree to indemnify, defend, and hold ACERTUS, its shareholders, officers, agents, affiliates and assigns harmless from and against any and all claims, demands, damages, losses, liabilities, costs or expenses, whether for personal injury, property damage, patent, trademark or copyright infringement or any other claim whatever, brought by or incurred by any person, including without limitation reasonable attorneys’ fees (collectively, “Claims”), with respect to:

  1. Any actual loss, damage to or destruction of tangible or intangible property, and/or illness, injury or death to any person, arising out of your acts or omissions and your employees, contractors, customers, and agents;
  2. Your violation of applicable laws or regulations, or breach of any terms of these Terms of Use;
  3. Any failure by you to comply with any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
  4. Your breach or alleged breach of these Terms of Use and the copyright, trademark, proprietary or other rights of ACERTUS or third parties.

Prevailing Party.

In any action, suit, arbitration or proceeding brought by you or ACERTUS in respect of these Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in each and every such action, suit, arbitration or other proceeding, including any and all appeals or petitions therefrom. Attorneys’ fees shall be deemed to mean the full and actual costs of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual and customary fee charge by the attorney performing such services.

Severability

If any provision of these Terms of Use are held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. The provisions of this Agreement are severable, and the invalidity and enforceability of any provisions herein shall not affect the enforceability of the remaining provisions which shall remain in full force and effect.

Jurisdiction and Governing Law

ACERTUS controls and operates the Sites from its headquarters in the state of Kansas. These Terms of Use and any disputes arising hereunder shall be governed by the laws of State of Kansas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Sites shall be in the state or federal courts under the jurisdiction of Johnson County, Kansas and you expressly consent to the jurisdiction of said courts.

Waiver

A failure or delay by any party to exercise any right or power conferred upon it herein, or with respect to the Sites, shall not operate as a waiver of any such right or power. Any waiver, to be effective, must be in writing and signed by the party against whom operation of such waiver is sought.

Authority.

The parties represent and warrant that as of the date they commence using any services hereunder they are authorized to enter into these Terms of Use in their entirety and duly bind their respective principles by their use of the Sites accessed or used.

Force Majeure.

Neither your nor ACERTUS shall be liable to the other for default in the performance or discharge of any duty or obligation under these Terms of Use when caused by acts of God, hurricanes, tidal waves, flood, tornadoes, cyclone, wind storm, earthquake, public enemy, civil commotion, strikes, labor disputes, work stoppages or other difficulties within the workforce, failure to provide power by the utility provider, intentional or malicious acts of third persons or any other organized opposition, corruption, depredation, accidents, explosions, fire, water sprinkler leakage, moths, vermin, insect, seizure under legal process, embargo, prohibition of import or export of goods, closure of public highways, railways, airways or shipping lanes, governmental interference or regulations, or other contingencies, similar or dissimilar to the foregoing, beyond the reasonable control of the affected Party (each a “Force Majeure Event”). Upon the occurrence of such an event the party seeking to rely on this provision shall promptly give written notice to the other of the nature and consequences of the cause.

Assignment.

Neither party may assign their obligations or rights under these Terms of Use without written consent of the other party, except that ACERTUS may, without consent, assign this Agreement to a subsidiary or other related company or to any entity who acquires substantially all of the assets of ACERTUS. A change of control of ACERTUS, or any ACERTUS Company, shall not be deemed an assignment of this Agreement, but this Agreement shall remain in full force and effect notwithstanding the same.

How we Communicate.

You hereby consents to receive promotional emails, text messages to the mobile number you provide to us, or push notifications from or on behalf of ACERTUS. This includes the use of automated dialers, at the telephone number provided. You may revoke consent to receive text messages, emails, and push notifications at any time. If you wish to stop receiving marketing emails, simply follow the unsubscribe instructions provided in the email. If you wish to stop receiving marketing text messages from ACERTUS, reply to any text message we have sent you and in the reply text simply type STOP. You may also stop text messages by calling or emailing us. If at any time you need information on how to stop text messages, reply to any text message we have sent you and in the reply text simply type HELP.  Your cellular provider’s message and data rates may apply to our confirmation message and all subsequent messages.

If User has any questions about text messages, email, or push notifications please feel free to contact ACERTUS as provided below.

Miscellaneous.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Contact:

ACERTUS

6301 Glenwood St.

Overland Park, KS 66202

Email: customersupport@acertusdelivers.com

 

Phone: 1-888-588-9412