Effective Date: 21.12.2024
Welcome to Factor ELD LLC (the "Site"). These Terms and Conditions ("Terms") govern your use of our Site and services. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
1. Acceptance of Terms
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy$1 If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. You acknowledge and agree that this Agreement is between you and the Company. Do not access or use the Service if you do not agree to be bound by this Agreement. By downloading, using, or accessing the Service, you are agreeing to this Agreement and any policies or other terms referenced in or incorporated within this Agreement (such as our Privacy Policy ).
2. Consent for SMS Communication
By providing your mobile phone number, you consent to receive SMS communications related to your interaction with Factor ELD LLC. The information collected during this consent process will not be shared with third parties.
2.1 Types of SMS Communications
If you have consented to receive text messages from Factor ELD LLC, you may receive messages related to:
Customers and Guests: Updates regarding your orders, deliveries, or other relevant information.
Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.
3. Standard Messaging Disclosures
Message and data rates may apply.
You can opt out of receiving SMS communications at any time by texting "STOP."
For assistance, text "HELP" or visit our Privacy Policy and Terms of Service$1
Example Messages
Below are sample messages that include the necessary disclosures:
“Thanks for signing up! Stay tuned for exclusive updates and offers from Factor ELD LLC. Reply STOP to opt-out. Message and data rates may apply. Messaging frequency may vary. Text HELP for assistance.”
“Hey! Your order is confirmed. We'll notify you when it's ready for pickup. Reply STOP to opt-out. Message and data rates may apply. Messaging frequency may vary. Text HELP for assistance.”
“Great news! Your discount is ready. Use code SAVE20 at checkout for 20% off your next purchase! Reply STOP to opt-out. Message and data rates may apply. Messaging frequency may vary. Text HELP for assistance.”
SMS For Consent Communication
1-Message Frequency: Our SMS message frequency will be from 50 to 1000 text messages daily across all users.
2 Potential Fees for SMS Messaging: Many carriers charge a fee for each message sent or received. This can vary depending on the carrier's pricing structure and whether the message is sent domestically or internationally.
3- Opt-In Method: Customer will Opt-In for SMS messaging from (company name) through intake forms on their website located at (www.website.com), this agreement for SMS will not be shared with third parties for marketing purposes.
4-Opt-out: Customer will be able to opt out of SMS messaging from (company name) by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt back In at any time by replying START
4. User Responsibilities
As a user of the Site, you agree to:
Provide accurate, current, and complete information as prompted by the Site.
Maintain the security of your account and any login information.
Notify us immediately of any unauthorized use of your account or any other breach of security.
Take responsibility for all activities occurring under your account.
5. Limitations of Liability
In no event shall Factor ELD LLC, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or usage, arising out of or related to your use of the Site or any services provided by Factor ELD LLC.
6. Changes to Terms
Factor ELD LLC reserves the right to modify these Terms at any time without prior notice. Your continued use of the Site following any changes signifies your acceptance of the new Terms.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ohio. Any disputes arising out of or related to these Terms shall be resolved in the courts located in Ohio.
8. Contact Information
For any questions about these Terms, please contact us at:
Factor ELD LLC
16192 Coastal Highway
Lewes, Delaware 19958 USA
Email: support247@factoreld.wpenginepowered.com
Phone: +1(330) 537 8151
Access and Use of the Service
Any software, hardware, or content that the Company makes available to you in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms in this Agreement, including your compliance with this Agreement, the Company only grants you a limited, non-sublicensable, non-exclusive, and revocable license to use the Service. Any rights not expressly granted herein are reserved.
You are solely responsible for all activity that occurs under your login or access credentials, whether or not you allow a third party to access your account.
You may allow other certain users, e.g. employees or independent contractors ("End Users") to access the Services in accordance with this Agreement. You may have the ability to create End User accounts with special permissions ("Administrator Accounts"). To the extent that you create any accounts for End Users, direct us to create any accounts for End Users, or allow End Users to access the Services, (including End Users with Administrative Accounts), you and your End Users are responsible for all End Users' activity and ensuring that they are in compliance with this Agreement.
You acknowledge that if you have been given access to the Service by another user, including your employer, that such third party who granted you such access (e.g. by creating your account, directing us to create your account and/or providing you login credentials) to the Service may have the ability to access your account including but not limited to the ability to monitor, disclose, make changes, restrict or terminate your access to your account and/or the Service. You acknowledge that the Company is not responsible for such internal management or administration of the Services as between you and such other user. You further acknowledge that even if you have been given access to the Service by another user, you are bound by the terms of this Agreement.
To the extent that you allow End Users or any other third party (e.g. your employer) to access the Service or create, or direct us to create, any accounts for other users, you are responsible for (i) maintaining the confidentiality of login credentials (including usernames and passwords), (ii) managing access to End User accounts and other accounts which you create, and (il) ensuring that all End Users and users of other accounts which you create are in compliance with this Agreement.
You shall promptly notify Company if you learn of a security breach related to the Service.
You assume sole responsibility for your driving logs and for complying with all state and federal regulations including, but not limited to, FMCSA regulations and specifically regulations governing hours of service of drivers. You acknowledge that Company is not and will not be responsible for your compliance and will not be a party to any dispute that arises between you and any regulatory agency, including but not limited to the FMCSA. Please also refer to the Section entitled "Disclaimer of Warranties" in this Agreement.
You may use the Service only if you are 18 years or older and capable of forming a binding contract with Company and are not barred from using the Services under applicable law.
If you want to access and use the Service, you'll have to create, or be granted, an account. You can do this via the Service. It's important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your account. You agree that you won't disclose your login credentials or account password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them.
Your use of the Service is dependent on a variety of factors for which you are solely responsible including but not limited to operation of a vehicle that is capable of connection with and FACTOR ELD of information to the Service, use of a device which is capable of downloading and/or accessing the Service, and access to an internet or cellular connection with which to access the Service.
Unauthorized Use of the Service
You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Company in our sole discretion). You shall comply with any codes of conduct, policies, instruction manuals, user guides, storage limitations, or other notices Company provides you or publishes in connection with the Service from time to time.
You agree to prevent any unauthorized access or use by End Users of other users of accounts and to terminate any unauthorized use of or access to the Service.
You may not sell, resell or lease the Services.
Data, Privacy and Licenses
Company takes the privacy of its users very seriously. For our current Privacy Policy$1 please click here.
"Your Data" means any data and content you create, post, upload, transmit or otherwise make available via the Services (which may include data you elect to import from Non-Company products you use). "Your Data" includes logs you create, location coordinates that are collected, certain vehicle data, messages you send, documents you upload, profile information and anything else you enter or upload into the Service.
We will implement and maintain reasonable technical and organizational security and data storage policies and measures consistent with industry standards for facilities within our control. You acknowledge and agree that data may be stored or transmitted through third party facilities, third party services or common carriers, including without limitation the internet, in the course of using the Service.
Your acceptance of this Agreement does not grant us full ownership of all of Your Data. As between Company and you, you are only granting us the rights and licenses necessary to provide the Service to you and any other services for which you have signed up through any of our business partners and affiliated businesses. In order for us to provide the Service to you, we need to be able to transmit, store and copy Your Data in order to display it to you and to those with whom you share it.
For example, if you submit documents, send messages or otherwise share Your Data with another user or third party, or authorize a third party to receive Your Data, your acceptance of this Agreement gives us the permission to share Your Data and grants us any such rights and licenses necessary to provide the Service to you and such third party, and any other services or products for which you have signed up through any of our business partners and affiliated businesses. This permission includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order to provide you the Service.
Data Shared Between Drivers and Carriers
The Services enable a commercial motor vehicle driver ("Driver') to connect directly with a motor carrier ("Carrier"), allowing Drivers to send messages and automatically share their driving logs, documents, location information and other data ("Driver Data") with the Carrier. When Drivers connect with a Carrier through the Services, the Carrier, its employees and other third parties who are also connected to that Carrier may access Driver Data for all Drivers who are connected to that same Carrier.
If a Driver connects with a Carrier, the Driver should be aware that the Drivers Driver Data will be automatically shared with that Carrier and with such other parties described above. Please consider carefully the parties with whom you choose to connect and what you choose to share. Company's role in this process is solely to provide the Service. You are responsible for anything you share, including but not limited to Driver Data, via your use of the Service.
For clarification purposes, you grant us the necessary licenses to Your Data for us to create aggregated and/or de-identified data for our use in providing the Service and otherwise.
Notwithstanding anything else in this Agreement, we may use and sell such aggregated and/or de-identified data, which does not directly identify you for any purpose we see fit.
Please see our Privacy Policy for further information on how we may use Your Data.
You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services. You represent and warrant that you own all Your Data on you have all rights that are necessary to grant us the license rights in Your Data under this Agreement. You also represent and warrant that neither Your Data, nor your use and provision of Your Data, nor any use of Your Data by Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity on privacy, on result in the violation of any applicable law or regulation. We are not responsible for the accuracy! appropriateness, or legality of Your Data or any other information you or your End Users may be able to access using the Services.
Should you be in violation of this Agreement, we have the right to remove any of Your Data causing such violation.
You understand and agree that any feedback, input, suggestions, recommendations, troubleshooting information or other similar information that you provide or may be used by us to modify, enhance, maintain and improve our Products and shall become our exclusive property without any obligation or payment to you or to any other third party whatsoever.
Changes and Modifications. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of this Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment on modification, you shall be deemed to have accepted that amendment or modification.
Limitations on Services and Third-Party Relationships
Company is not a party to any relationships on agreements between you and any third parties for the performance of any duties between the parties, and does not have control over and disclaims all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any professional duties performed by you or other users of the Service.
Terms Related to Hardware Devices
In the event that you have entered into an agreement with Company or one of its affiliates for the provision of hardware devices, the terms of any such agreement govern the terms related to such hardware devices including but not limited to terms governing your use of the hardware, payment obligations, and all other rights and obligations.
General Prohibitions
You further agree not to do any of the following: Use any Company proprietary information, including Company name, logo, trademark and other intellectual property without Company's prior written consent; Attempt to breach any of the Company's or Company's providers or business partners security, technological or authentication measures intended to protect the Service; Attempt to access the Service other than through the software and/or search agents, provided by Company: Send any unsolicited or unauthorized communications through the Service: