Product and Delivery Schedule
- Freight Matching
- Subscription Level. Your Order Form will indicate Your level of subscription (TruckersEdge, DAT Power, DAT Express, DAT One) unless You are utilizing Our free App. Regardless of Your level of subscription or use, unless otherwise noted, these terms apply.
- At all times during Your use, You warrant and represent that You are a bona fide shipper, freight broker, 3PL, freight forwarder, intermodal company, rail company, or motor carrier (including dispatchers and drivers).
- Authority. You will not: (a) enter any transaction to broker or transport freight or commodities without the appropriate authority or level of insurance coverage or bond, (b) transport freight outside the geographic bounds of Your authority; or (c) transport commodities You are not authorized to transport. You will not represent Yourself as operating under the authority of any third-party without the express permission from such third-party.
- Disclaimer. We provide a venue for You and other Our customers to meet to share information, offer, sell and buy services. We are not involved in the actual transactions between parties. We do not guarantee the accuracy, reliability, or legality of any information shared on its platform. It is Your sole responsibility to check the credentials of any party with whom You do business, including but not limited to safety and authority records.
- Priority Booking (for brokers). We will only charge You for loads actually booked. You will provide the complete data set with no missing fields in a format or template as provided by Us. You will supply Us with complete and accurate data for every load selected as a bookable load using Priority Booking. Notwithstanding Section 7.1 of the Terms and Conditions, prior to utilizing or disclosing Priority Booking data to anyone other than the carrier directly involved in the negotiation, We will aggregate and take commercially reasonable efforts to prevent such data from being in any way identifiable as originating from You.
- DAT Tracking (for carriers). You agree that by accepting a tracking request You expressly consent to and grant Us the right to collect and disclose to third parties Location Information available through Your mobile device, Your electronic logging device, or other trackable technology authorized by You, for use in connection with DAT Tracking, which may include location service partners such as ELD data aggregators. You represent and warrant that during the period during which You transport loads requiring tracking, should you select GPS tracking, You will turn on GPS tracking on the App on Your mobile device. You also authorize Us to share Location Information with broker or shipper who requested the tracking that You accepted during the approximate time during which the load is in route. In addition, You acknowledge that aggregated and deidentified Location Information is Product Data.
- DAT Tracking (for brokers). Due to coverage limitations, DAT Tracking should not be used for or relied on for emergency location or safety purposes or under circumstances requiring guaranteed results.
- Credit Reporting. We republish business credit information originating from third party providers. We are not responsible for the content or accuracy of these business credit reports. Questions or concerns about this credit information must be directed to those third-party providers directly.
- Peer Review. We offer a peer review. We moderate these peer reviews for compliance with the Acceptable Use Policy. We do not moderate for accuracy or verify claims made in the peer reviews.
- Search History (for carriers). You permit Us to sell Your load board lane search history, equipment posting history, and Contact Data to Our broker and shipper customers.
- DAT IQ
- Subscription Level. This section applies to the following Products: RateView, Ratecast, TruRate, BrokerPulse, all of which require a subscription to RateView. This section also applies to Market Conditions Index, Carrier Select, Premium LaneMakers, and all levels of Benchmark Analytics.
- Contribution of Shared Data. You or, at Your direction and as applicable, Your third-party transportation management software provider, must contribute complete rate data sets in the format We provide as described in Your Order Form. You should not include data submissions that, due to specialized or unique circumstances, do not reflect a competitive market rate. Notwithstanding Section 7.1 of the Terms and Conditions, We will aggregate and take commercially reasonable efforts to prevent such data from being in any way identifiable as originating from You.
- Accuracy of Our Product Data. Our rate forecasts are a directional indicator, not an exact, explicit guarantee of future rates. We do not guarantee future performance and provide assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated. The rate forecasts are provided as-is and We make no other representation or warranty, implied or otherwise, related to the rate forecasts. To the maximum extent permitted by law, We disclaim all liability with respect to the accuracy or completeness of any of the rate forecasts.
- Critical Mass. If a particular Product lacks Critical Mass, We reserve the right to temporarily suspend without penalty the provision of data related to the particular lane or dashboard until such time as We regain Critical Mass.
- Exclusivity. Without Our written permission, You will not contribute rate data to any other service which (1) aggregates data for the purposes of providing trucking lane rates and (2) is reasonably deemed a competitive service by Us without.
- DAT Carrier Select. The matched carriers are based solely on basic transportation requirements such as geographical activity and equipment type. The matched carrier results do not imply We endorse such carriers. You are responsible for verifying the authority, reputation, business practices, and safety records of each carrier. You must make Your own determination whether a carrier meets Your transportation needs prior to entering into any transactions with a recommended carrier. We are not involved in the actual transaction between You and a particular carrier.
- Carrier Compliance
- DAT Onboard. We disclaim any responsibility that (i) the OnBoard questionnaire asks all the questions required by Customer; (ii) that the Service/Forms, once completed by a carrier, will be properly or timely submitted; or (iii) that the data provided is error-free or current.
- CarrierWatch. Your Order Form denotes the number of carriers You may monitor. We reserve the right to periodically audit Your account. If an audit reveals monitored carriers more than the number listed on Your Order Form, We will add additional carriers to Your next invoice in batches of 1,000, with a charge per batch applicable for the remainder of the Order Form subscription period at Our current market rate.
- Betas and Trials
- Definitions. This Section describes the additional terms and conditions under which You may access and use Betas or Trials.
- Compliance. You must comply with the terms related to any Beta as posted on the Site or otherwise made available to You. For any Trial, except for the obligation to pay, which is waived, You must otherwise comply with the Terms and Conditions and this Schedule. We may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta or a Trial at any time.
- Suspension. We may suspend or terminate Your access to or use of any Beta or Trial upon notice of termination by Us. Your access to and use of each Beta will automatically terminate upon the release of a generally available version of the applicable Beta. Notwithstanding anything to the contrary in the Terms and Conditions, after suspension or termination of Your access to or use of any Beta or Trial for any reason, You will not have any further right to access or use the applicable Beta or Trial.
- Disclaimer. Without limiting any disclaimers in the Terms and Conditions or this Schedule, Betas may contain bugs, errors, defects, or harmful components. Accordingly, and notwithstanding anything to the contrary in the Terms and Conditions or this Schedule, We are providing Betas to You “as is.” Except to the extent prohibited by law, We disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
- Limitation of Liability. Notwithstanding anything in the Terms and Conditions, Our aggregate liability to You for any loss because of any Beta or Trial will be limited to $100.
- Freight Matching
- Access. Some Products and Product Data may be available via API. If We provide access to APIs and You use the APIs, then You agree to these terms along with the other terms governing Your use of the Products contained in this Schedule. To request API access, please contact [email protected].
- API License. We grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Term to (i) use the API solely for the purposes of communicating and interoperating with a particular Product on non-DAT platforms; and (ii) display certain DAT logos and trademarks in compliance with usage guidelines that We may specify from time to time solely in connection with the use of the API and the Product and not in connection with the advertising, promotion, distribution, or sale of any other products or services.
- Certification. Your API integration must be certified by Us at Your expense before You use the API in a Interface Client, which may include without limitation examining design documents, examining source code, verifying proper use and location of Our trademarks, testing of the Interface Client and Your system against Our test system, evaluating and monitoring of the impact of the Interface Client on the test system.
- Subscription. You must subscribe to the appropriate Product level to use the API. We reserve the right, in Our sole discretion, to approve or prohibit any use of the API.
- Security. You will use all reasonable efforts to keep all Product Data in a secure environment at all times according to the highest security standards. All data transfer using the API must be secured using at least 128 Bit SSL encryption, or for transmissions directly to Us, at least as secure as the protocol being accepted by the API servers.
- Monitor. You acknowledge that We may monitor any API activity for the purpose of ensuring quality, improving Products, and verifying compliance. You will not interfere with such monitoring or in any way obstruct any API. We may use any reasonable technical means to overcome any such interference.
- Current Version. You must adopt the most current version of the API within six (6) months of its posting. Any older API must be updated and must not be used, distributed, supported, or maintained by You.
- Access. We may provide certain Products to You via Apps. Notwithstanding Section 3.1 of the Terms and Conditions, some Apps may be made available to You without charge or an Order Form. Notwithstanding anything in the Terms and Conditions, Our aggregate liability to You for any loss because of any free Products will be limited to $100.
- Messaging. Your mobile carrier’s normal messaging, data, and other rates and fees may apply to Your use of the Apps. We are not liable for the cost of any such messages. You will receive recurring messages. If You have any questions about Your text plan or data plan, contact Your wireless provider.
- Use. Use of Apps, including location information, is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, topography, available data, atmospheric conditions, and other factors. Use may be limited to mobile devices located in the United States. In addition, downloading, installing, or using certain Apps may be prohibited or restricted by Your mobile carrier, and not all Apps may work with all carriers or devices. You are solely responsible for checking with Your mobile carrier to determine if the Apps are available for Your mobile devices, what restrictions, if any, may be applicable to Your use of Apps, and how much they will cost You. Due to coverage limitations, location information or data received through Apps should not be used for or relied on for emergency location or safety purposes.
- In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your mobile Contact Data with Us to ensure that the messages We intend to send to You are not sent to another entity who acquires such mobile telephone number.
- SMS Policy.
- Purpose and Start. From time to time We send important communications about Your account. This may include things like Product tips, news, promotions, and location-based alerts, and billing updates. You may join via an online form or by texting “Join” to 328663 (“DATONE”).
- Stop. You can cancel the SMS Service at any time by texting “STOP” to 328663, at which point We will send You one final SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from Us. If You want to re-join, just sign up as You did under 6.5.1. above.
- Help. Text “HELP” to 328663 should You forget what keywords are supported. We will then respond with instructions on how to use the SMS Service as well as how to unsubscribe.
- Carriers. We are able to deliver messages to the following mobile phone carriers. Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), Google Voice. Minor carriers: Alaska Communications Systems (ACS), Advantage Cellular (DTC Wireless), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East Central IL (ECIT), Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular (IV Cellular), iWireless (Iowa Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular Telephone Company, Immix (Keystone Wireless), Mosaic (Consolidated/CTC Telecom), Peoples Wireless, Panhandle Telecommunications Systems (PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone Company (Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/Cricket, Southern Linc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Wireless, Pine Belt Wireless, Atlantic Tele-Network International (ATN). For the avoidance any doubt, Your mobile carrier will not be liable for delayed or undelivered messages.
- Anyone with access to Your mobile phone may be able to view the messages You receive when using the SMS Service, and You agree that We will not be liable to You if this occurs.
- You understand that you are not required to consent to the SMS Service to receive any products from Us.
- By opting into the SMS Service, You authorize Us to contact You by text message at Your mobile phone number using an automatic telephone dialing system or device, or any other computer assisted technology as applicable.
- Distracted Driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to use App while driving. Only use the App after You have stopped Your vehicle in an appropriate location permitted by law. Alternatively, a passenger other than the driver may use the App, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
We and You incorporate by reference the Terms and Conditions and all terms defined in that document. All terms capitalized but otherwise not defined in this document come from the Terms and Conditions.
“API” means application programming interface.
“Beta” means certain features, technologies, and services made available to You by Us that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, “early access,” “ea,” “early release,” or “experimental”, and any related Product Data.
“Critical Mass” means the point at which We combine Your Shared Data with no fewer than three (3) independent sources of Shared Data.
“Interface Client” means any software that can access or communicate with APIs.
“Location Information” means the location and other related information pertaining to a particular load authorized by You to be tracked by Us on behalf of a shipper or broker.
“SMS Service” means the important communications sent by Us via SMS about Your account including without limitation Product tips, news, promotions, and location-based alerts, and billing updates.
“Trials” means free trial periods of any Product