Load Finder Terms of Use

These Terms of Use (“Terms”) are the terms between Mack Trucks, Inc. and Volvo Group North America, LLC (collectively “Mack”) and you governing the relationship between Mack and you during your use of the Load Finder platform and site (the "Platform") and the services being provided on the Platform (the “Services”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE PLATFORM. BY ACCESSING AND USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND ARE AGREEING TO ABIDE BY THE TERMS OF USE SET FORTH HEREIN.

The Platform and Services are provided by a third-party, FleetRover Inc. dba Class8 (“Class8”). Mack is working with Class8 to support Class8’s provision of the Platform and Services for end users. Class8 may require you to agree to separate Terms of Service in order to use the Platform and receive the Services.

1. Background

1.1 By accessing and using the Platform and the Services, you confirm that you have reviewed these Terms and that you agree to be bound by them. If you do not agree with them, you are not allowed to use, and should not use, the Platform or the Services. Mack reserves the right to amend these Terms at any time. Any new versions of these Terms will be published on the Platform site, with or without other notice to you. It is your responsibility to regularly check the site for Terms updates and changes. Your continued use of the Platform following the publishing of a new version of the Terms will indicate that you accept and agree to the changes.

1.2 You will be able to register select vehicles on your Platform account. You may only register vehicles that you own or that are otherwise in your legal possession (e.g., vehicles leased by you) and that you have authorization by the legal owner to register. The vehicles you register with the Platform are referred to herein as the “Registered Vehicles.”

1.3 To the extent that the Registered Vehicles include Mack or Volvo vehicles, you acknowledge that the Mack Telematics Subscription Agreement available at https://www.macktrucks.com/telematics-subscription-agreement/ or the Volvo Telematics Subscription Agreement available at https://www.volvotrucks.us/telematics-subscription-agreement/, as applicable, is an integral part of these Terms. The Telematics Subscription Agreement may be updated from time to time. Any new versions will be published via an update to the above link, with or without other notice to you. It is your responsibility to regularly check for updates to the Telematics Subscription Agreement. Your continued use of the Platform or Services following the publishing of a new version of the Telematics Subscription Agreement will indicate that you accept and agree to the changes.

2. Platform and Services

The Platform and the Services are being provided by Class8 as an independent third party. For the avoidance of doubt, the Services are not under Mack’s control, and Mack is not in any way responsible for any of the Services accessible or made available through the Platform.

3. Your Use of the Platform

3.1 When using the Platform and/or the Services you may provide certain data, such as information about you, Registered Vehicles, drivers and passengers of Registered Vehicles, and individual end users of the Platform and the Services to Class8. In addition, certain data will be collected and stored in the course of your use of the Platform and Services. Class8 will handle such data in accordance with its own terms of service, as well as Class8’s privacy notices, policies, procedures and practices, which may differ from those of Mack.

3.2 Class8 may share some of the data that it collects with Mack, and Mack may also share some data with Class8 with your consent (such as GPS, telematics and other Registered Vehicle data). Mack will collect, process, use, and share data in connection with the Platform and Services for accounting purposes and to administer and evaluate our contractual arrangements with Class8, to evaluate and improve the Platform and Services, to email you with information that you have signed up to receive, and other purposes permitted or required by applicable law. For more information, see Mack’s Load Finder Privacy Notice.

3.3 By accepting the Terms, to the extent any such grant is required, you grant Mack a worldwide, royalty-free, fully paid up, non-exclusive, transferrable, assignable, and sublicensable perpetual right to collect, analyze, store, use, reproduce, create derivative works of, transfer and display data collected by, shared with, or otherwise provided to Class8 or Mack related to your use of the Platform and the Services, to the fullest extent permitted by applicable law.

3.4 In using the Platform and the Services you:

(a) represent and warrant that you own the Registered Vehicles or are authorized to participate in the Platform and the Services for the Registered Vehicles;

(b) represent and warrant that the information provided to Class8 or Mack is accurate and up to date;

(c) agree to immediately remove any Registered Vehicles that you no longer own or legally possess from your Platform account; and, to the extent those Registered Vehicles include Mack or Volvo vehicles to immediately notify Mack

(d) agree to follow any written instructions for use of the Platform or Services provided by Class8, Mack or Mack’s authorized representatives from time to time; and

(e) agree to comply with any laws and regulations that apply to your use of the Platform and the Services.

3.5 To the extent such notices are required, you are responsible and agree to provide legally compliant notice to any and all individuals who may drive or be passengers in Registered Vehicles of the following: (i) that data regarding operation and use of those vehicles is being collected, including providing notice of the types of data that may be collected from Registered Vehicles by Mack and how that data is collected, (ii) that such data may be shared in whole or in part with you or third parties including Class8, (iii) the purposes for which such data will be used, (iv) any further collection, sharing, or use of data by you; and (v) if applicable, that data will be transferred and processed outside the province, state or country where the individual is located, and may be accessible to courts, law enforcement and national authorities in other countries. Such notices to individuals must also include all other information required by applicable law in the jurisdiction where you (or they) are located. You agree to and will defend, indemnify, and hold harmless Mack, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, from and against any demands, damages, losses, liability, claims, costs, or expenses (including settlement costs and attorneys’ fees) incurred by Mack that result from or are related to your failure to provide drivers or passengers with legally compliant notice.

4. Mack Trademarks

Nothing in these Terms gives you a right to use any Mack trademarks, trade names, service marks, logos, domain names or other distinctive brand features without Mack’s advance written consent in writing.

5. No Warranties by Mack

5.1 MACK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM STATUTORILY REQUIRED. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF MACK IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR EXCEPTIONS TO THIS DISCLAIMER. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PLATFORM REMAINS WITH YOU.

5.2 Further, Mack makes no representation or warranty that the Platform or Services will be error-free, free of viruses and other harmful materials, or that the Platform or Services will operate without interruption.

5.3 The Platform and the Services may be dependent upon internet connection. Due to the nature of the internet, uninterrupted connection cannot be guaranteed, and features may accordingly be unavailable at times due to lost internet connection. Use of the Platform and Services requires a compatible device, and Mack does not guarantee or warrant that the Platform or Services will be compatible with all or any specific device.

6. Indemnification and Limitation of Liability

6.1 You agree to defend, indemnify, and hold harmless Mack, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any demands, damages, losses, liability, claims, costs or expenses (including settlement costs and attorneys’ fees) incurred by Mack that result from or are related to claims arising from your use of the Platform and/or the Services, including but not limited to your violation of any of these Terms.

6.2 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL MACK BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL MACK BE LIABLE FOR ANY DAMAGES EVEN IF MACK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM MACK’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

7. Miscellaneous

7.1 You may not assign or transfer any part of your rights or obligations under these Terms without the prior written consent of Mack.

7.2 Mack may assign and/or transfer its rights and obligations under these Terms in its discretion.

7.3 If any part of these Terms is determined to be invalid or unenforceable pursuant to governing law, including but not limited to the limitations of liability set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the wordings and spirit of the original provision. The remainder of the Terms shall continue in effect.

8. Term and Termination

8.1 These Terms shall apply between you and Mack so long as you continue to use or access the Platform or the Services.

8.2 Upon termination or cancellation of the Services and/or your access to and use of the Platform, all rights and licenses granted to you will terminate immediately.

9. Governing Law and Disputes

9.1 These Terms, shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction, unless otherwise required by applicable law.

9.2 Any dispute, controversy or claim arising between the parties—or a claim brought by a user of the Platform or the Services against Mack—based on, or in connection with, these Terms, shall be finally settled by arbitration accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as otherwise required by applicable law, and provided that nothing shall prevent Mack from seeking interim or provisional relief, including a temporary restraining order, preliminary injunction or other interim equitable relief if necessary to protect Mack’s interests in its intellectual property or confidential information. Such injunctive relief may be without necessity of proving actual damages or posting of a bond. The arbitral proceedings shall be conducted in the English language and be held in Greensboro, North Carolina, unless otherwise required by applicable law.

9.3 All arbitral proceedings conducted, all information disclosed, and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than such proceedings or the enforcement of any such decision or award, nor be disclosed to any third party without the prior written consent of the party to which the information relates, or as regards to a decision or award, the prior written consent of all disputing parties.

9.4 Nothing in this agreement shall limit the forum or law for Mack to litigate claims or defenses involving Mack’s intellectual property or confidential information.