Terms and Conditions

These DAT product terms and conditions (the “Terms and Conditions”) govern Your access to, and use of the Products (as defined below), and is an agreement between DAT Solutions, LLC dba DAT Freight & Analytics (referred to as “DAT,” “We,” “Us,” or “Our”) and You or the entity You represent (“You” or “Your”). Collectively, You and DAT are the “Parties.” These Terms and Conditions combine with the Order Form, the Product and Delivery Schedule, and the Acceptable Use Policy and any additional mutually-executed addenda and amendments to form the “Agreement.” These Terms and Conditions take effect when You accept an Order Form (the “Effective Date”).

1. Use of the Products
   1. Your Account. To access the Products, You must have an account with Us associated with a valid email address. You will only create one account per email address. Account Information belongs exclusively to DAT. DAT will only use Account Information to administer the Products and for internal research and development purposes, and in a manner consistent with our Privacy Policy.
   2. Automation. You are prohibited from using, or enabling others to use, any automated means including but not limited to implementing a bot, spider, or web crawler to access, query, or otherwise generate traffic to collect, copy, obtain, or extract any Product Data (such as web scraping, data scraping) without prior written approval from Us.
   3. Directory and Contact Data. By subscribing to any Product, You authorize Us to include Contact Data in Our Directory. All Directory information may be viewed by Our active subscribers.
2. Orders, Fees, and Payment
   1. Ordering Products. You may order Products pursuant to the completion of an Order Form.
   2. Fee Invoices. You will pay all fees on net twenty (20) day payment terms unless otherwise specified on the Order Form.
   3. Late Payments. All amounts payable by You under an Order Form will be paid to Us without setoff or counterclaim and without any deduction or withholding. As a non-exclusive remedy, We may elect to charge You interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. You will be responsible for reasonable costs associated with collection, including but not limited to collection agency and attorney fees.
   4. Incorrect Invoices. Any invoice You dispute must be presented in writing within thirty (30) days of Your receipt of such invoice.
   5. Taxes. Quoted prices are exclusive of all sales, use, excise, or other taxes or charges payable with respect to the sale, purchase, or use of any of the Products. All government charges upon the Products tendered by an Order Form will be paid by You unless You furnish Us with a tax exemption certificate acceptable to the authority imposing the tax on Us. However, You will immediately reimburse Us for any taxes incurred by Us on the sale of Products to the extent such tax exemption certificate proves to be insufficient to the applicable taxing authority for any reason.
3. Product Changes and Modification to Terms and Conditions
   1. Product Changes. We reserve the right, in Our sole discretion, to make changes to the Products, including issuing enhancements, modifications, new versions, and making changes to the format, medium, or method of delivery. We will provide You at least one (1) month’s prior notice if We discontinue material functionality of a Product. Notwithstanding the foregoing, notice will not be required if the one (1) month notice period would pose a security or intellectual property issue to Us or the Products.
   2. Terms and Conditions. We may change, modify, add, or remove additions, requirements, or restrictions contained in this Agreement at any time. We shall notify You in advance of any such changes to the Agreement by posting notices of such changes on our websites at DAT.com or by sending notice via email or regular mail. Your continued use of the Products or Services shall be deemed an acceptance of the Agreement as amended.
4. Term and Termination
   1. Term. The Term of this Agreement begins on the Effective Date and continues until the expiration or non-renewal of all outstanding Order Forms. Notwithstanding the foregoing, it may take up to five (5) business days before We process the Order Form and grant You access to the Products. In such event, We may adjust the Order Form Effective Date, without increasing the total price, based on the date We activate the Products, provided that the total term length does not change. Following activation, the Order Form Effective Date may be confirmed by logging into account.dat.com or by contacting customer support or Your sales representative.
   2. Renewal. The term of each Order Form will be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, Order Forms will automatically renew for additional periods equal to the expiring period or one (1) year (whichever is shorter), unless either Party gives the other notice of non-renewal in accordance with Section 10 at least thirty (30) days before the end of the relevant subscription term.
   3. Auto-Renewal Pricing Adjustments. In connection with any auto-renewal, We may increase the pricing in effect at the end of the applicable Term for the Products by up to the percentage listed on Your Order Form. Unless explicitly provided otherwise on the applicable Order Form: (i) credits do not renew and promotional or one-time pricing for any Product under the Order Form will not be extended to any renewal; and (ii) any renewal that is not an auto-renewal or where You seek a reduction in the subscription quantity and/or the order Term will result in re-pricing at renewal and shall not be subject to the pricing limitations herein.
   4. Termination for Cause. The Agreement may be immediately terminated if:
      1. You breach Section 1.2 (Automation), Section 5.2.2 (Restrictions), Section 5.2.3 (Artificial Intelligence and Machine Learning), Section 5.3 (Shared Data), Section 10.8 (Trade Compliance) or the Acceptable Use Policy in Our reasonable belief;
      2. either Party breaches the Agreement, or an agreement with any DAT Affiliate, other than for the immediately foregoing sections and fails to cure such breach within ten (10) days of written notice after receipt; or
      3. You are insolvent or have a petition brought by or against You under the insolvency laws of any jurisdiction; make an assignment for the benefit of creditors; or a receiver, trustee or similar agent is appointed with respect to any of Your property or business; or
      4. You make an admission of Your inability to pay debts generally as such debts come due or You seek the appointment of any trustee, receiver, or liquidator.
   5. Effects of Termination. Upon termination or expiration of the Agreement, Your access to all the Products terminates and the license described in Section 5.2.1 immediately expires. Termination or expiration of the Agreement will not relieve You of any accrued payment obligations.
5. Data Ownership and Usage
   1. Ownership. As between the Parties, DAT owns the platform, Products, Product Data, Apps, Statistical Data, Suggestions, and Our Confidential Information, and any intellectual property associated therewith.
   2. Product Data.
      1. License. Subject to Section 5.2.2 and 5.2.3, We grant You a royalty-free, term-limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to use Products and Product Data.
      2. Restrictions. You covenant that: (a) during the Term and for three (3) years thereafter You will not Compete; (b) in perpetuity You will not use the Products or Product Data or other data or information obtained from Us to Compete; and (c) in perpetuity You will not reproduce, republish, resell, disclose, or distribute Product or Product Data in any format, in whole or in part, for sale or use by third parties, (d) neither You nor any of Your Authorized Users will use the Products for any purpose other than as expressly permitted by the Agreement; (e) neither You nor any Authorized User will, or will attempt to (i) reverse engineer, disassemble, or decompile the Products or Product Data or apply any other process or procedure to derive the source code of any software included in the Products or Product Data or (ii) access or use the Products or Product Data in a way intended to avoid incurring fees or exceeding usage limits or quotas; and (f) You will not imply any relationship or affiliation between Us and You except as expressly permitted by the Agreement.
      3. Artificial Intelligence and Machine Learning. You are prohibited from using the Products or any Product Data to train or otherwise improve any publicly available artificial intelligence or machine learning algorithm. You are further prohibited from transferring or disclosing any privately developed artificial intelligence or machine learning algorithm trained or improved with any Product Data to any third party.
      4. Remedies. You hereby grant Us and Our authorized representatives’ access to Your premises and all pertinent documents and other information, whether stored in tangible or intangible form, including any books, records, files, and accounts, correspondences, payment, or other transaction information for the purpose of auditing compliance with Sections 5.2.1, 5.2.2, and
      5. You will cooperate fully with Us in connection with any such audit or inspection and will grant access to Us promptly upon Our request. You acknowledge that Your breach of any provision of Sections 5.2.1, 5.2.2, and 5.2.3 will create irreparable harm to Us for which We will be entitled to immediate injunctive relief, and You waive any requirement that We post a bond in connection with such injunctive relief.
   3. Shared Data. You represent and warrant to Us that: (a) You or Your Authorized Users own all right, title, and interest in and to the Shared Data; (b) You have provided all necessary privacy notices and obtained all necessary consents to share such Shared Data with Us in accordance with applicable law. You covenant to Us that Your Shared Data is true, accurate, and correct and that You will update this Shared Data to maintain its truthfulness, accuracy, and completeness.
   4. Statistical Data. We own all rights to the Statistical Data and may perform analyses on Statistical Data. We may use Statistical Data for any legal business purposes (such as improving, testing, and maintaining Products, training machine learning algorithms, identifying trends, and developing additional products and services) so long as We first remove any attribution to You or the Authorized Users.
   5. Suggestions. If You provide any Suggestions to Us, We are entitled to freely use the Suggestions without restriction. You hereby irrevocably assign to Us all right, title, and interest in and to the Suggestions and agree to provide Us any assistance We reasonably require to document, perfect, and maintain Our rights in the Suggestions.
6. Obligations
   1. Our Obligations to You. We represent and warrant to You that (a) We have requisite rights and authority to enter into the Agreement; and (b) the Products do not knowingly infringe the intellectual property rights of any third party. We covenant to You that during the Term, We will comply with all applicable laws and regulations.
   2. Your Obligations to Us. You represent and warrant to Us that (a) You are lawfully able to enter into the Agreement and You have legal authority to bind any entity You represent; and (b) You are responsible for Your use of the Products and Your Authorized Users use of the Products and the acts and omissions of Your Authorized Users. You covenant to Us (c) You will promptly notify Us of any known unauthorized use of the Products; (d) You and Your Authorized Users will use the Products for lawful purposes only and subject to the Agreement; (e) You and Your Authorized Users will use commercially-reasonable efforts not to expose Us to any virus, malware, ransomware, malicious code, ‘back door,’ ‘Trojan Horse,’ ‘time-bomb,’ or other security vulnerability intended to harm, disable, freeze, or enable unauthorized access to Our computing environment or data; and (f) You and Your Authorized Users will not attempt to gain unauthorized access to the Site, Products, the Product Data, other accounts, computer systems, or networks under the control or responsibility of Us through phishing, hacking, cracking, password mining, or any other unauthorized means.
   3. Information Disclaimer. While We endeavor to provide complete and accurate information in Products, We make no warranty or guarantee concerning the accuracy, reliability, completeness, or suitability of the information. Product Data is provided as is. We do not make safety or authority determinations; rather We report safety and insurance coverage data using third party sources including, but not limited to, government records and insurance agent certificates. Your use and reliance on Products and Product Data are at Your own risk. While We provide an online venue for brokers, carriers, and shippers to offer, sell, and buy products and services, We are not involved in the actual transaction between buyers and sellers. We do not guarantee the safety or legality of any transactions. It is Your sole responsibility to check the credentials of those with whom You conduct business including, but not limited to, verification of safety and authority records.
   4. Warranty Disclaimer. To the fullest extent allowed by applicable law, We disclaim any and all warranties or representations with respect to the Products and Product Data provided hereunder, whether express or implied, arising by law, custom, course of dealing, usage, or trade, or oral or written statements other than those contained herein, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, freedom of interference with enjoyment, quality, accuracy, including without limitation the accuracy of any data provided by AI bots, completeness, or fitness of the Products or the Product Data. We make no warranty, express or implied, that the Products will generate certain results, or work in combination with other components or as an integrated system. We make no warranty, express or implied, as to the design, sale, installation, or use of the Products.
7. Limitation of Liability In no event will We be liable to You for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if advised of the possibility of such damages. Our aggregate liability in damages or otherwise for all causes will be limited to the price actually paid by You under the applicable Order Form during the twelve (12) months preceding the event giving rise to the claim.
8. Indemnification
   1. Our Indemnification of You. We will defend You, Your Authorized Users, and related employees, officers, and directors (“Indemnified Persons”) against any third-party Losses alleging that the Products infringe or misappropriate a third party’s intellectual property rights and will pay the amount of any adverse final judgment or settlement. Notwithstanding, We will have no obligations or liability to an Indemnified Person under this Section 8.1 arising from infringement by combinations of the Products with any other product, service, software, data, content or method. In addition, We will have no indemnity obligations or infringement liability arising from Your use of the Products after We have notified You to discontinue such use. The remedies provided in this Section 8.1 are the sole and exclusive remedies to You for any third-party claims of infringement or misappropriation of intellectual property rights by the Products and warranty claims with respect to Section 6.1(b).
   2. Your Indemnification of Us. You agree to defend, indemnify, and hold harmless Us and Our contractors, subsidiaries, and affiliated companies, and all of their respective directors, officers, employees from and against any and all Losses relating to or arising from any misuse of the Product whether or not authorized by You or Your Authorized Users, including without any limitation Your fraud, violation of law, or willful misconduct, any breach of the Agreement (including without limitation any infringement or misappropriation related to the Shared Data), or any dispute between You and another DAT user, including without limitation, claims relating to motor carrier selection or qualification.
   3. Process. The obligations under this Section 8 will apply only if the Party seeking defense or indemnity: (a) gives the other Party prompt written notice of the claim; (b) permits the other Party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other Party (at the other Party’s expense) in the defense and settlement of the claim. In no event will a Party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other Party.
9. Confidentiality Each Party may only use Confidential Information as permitted under the Agreement. Each receiving party will not disclose Confidential Information during the Term and for the five (5) year period following the Term; provided that any trade secrets will be kept confidential for so long as such information qualifies as a trade secret. You acknowledge that the freight rates contained in the Product Data are the trade secrets of DAT. Each receiving party will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of Confidential Information, including, at a minimum, those measures taken to protect its own Confidential Information of a similar nature.
10. Miscellaneous
    1. Publicity, Advertising, and Product Marketing. You grant Us a term-limited, revocable, royalty-free, non-transferable license to use Your company name and logo (“Customer Materials”) subject to Your reasonable usage guidelines for any advertising and publicity.
    2. Assignment. You will not assign or otherwise transfer the Agreement or any of Your rights and obligations under the Agreement, without Our prior written consent. Any assignment or transfer in violation of this Section 10.2 will be void. We may assign the Agreement without Your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of Our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Us as a party to the Agreement, and We are fully released from all obligations and duties to perform under the Agreement. Subject to the foregoing, the Agreement will be binding upon, and inure to the benefit of the Parties and their respective permitted successors and assigns.
    3. Entire Agreement. The Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between You and Us, whether written or verbal, regarding the subject matter of the Agreement. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of the Agreement (whether or not it would materially alter the Agreement) including without limitation, any term, condition, or other provision (a) submitted by You in any order, receipt, acceptance, confirmation, correspondence, purchase order, or other document, (b) related to any online registration, response to any request for bid, request for proposal, request for information, or other questionnaire, or (c) related to any invoicing process that You submit or require Us to complete. Each Party acknowledges that it has had the opportunity to be represented by the counsel of their choice in drafting and negotiating the Agreement. In view of the foregoing, the Agreement will be deemed to have been negotiated, prepared and drafted jointly by the Parties and not be construed against any Party as the sole drafter or author of the Agreement.
    4. Order of Precedence. The order of precedence shall be: Order Form, Terms and Conditions, Product and Delivery Schedule, Acceptable Use Policy, and any non-disclosure agreement, statement of work, schedule, policy, or exhibit.
    5. Force Majeure. We and Our affiliates will not be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond Our reasonable control, including acts of God, labor disputes or other industrial disturbances, security updates (by a third party), electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
    6. Governing Law. The Agreement and the respective rights and obligations of the Parties will be construed, interpreted, applied, and governed in accordance with the laws of the State of Delaware without regard to choice of law principles. The United Nations Convention for the International Sale of Goods does not apply to the Agreement.
    7. Disputes.
       1. Arbitration. Any controversy or claim arising out of or relating to the Agreement, or the breach the Agreement, will be settled by the Arbitrator utilizing the Rules. Any judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction. The Federal Arbitration Act applies to this Agreement. To begin an arbitration proceeding, (i) You must send a letter requesting arbitration and describing Your claim to Our registered agent United Agent Group Inc.,1521 Concord Pike Suite 201, Wilmington, DE 19803 USA, or (ii) We must send a letter requesting arbitration and describing Our claim to You pursuant to Section 10.10.1(b).
       2. Fees. Payment of filing, administration, and arbitrator fees will be governed by the Rules. You may choose to have the arbitration conducted by video conferencing, telephone, based on written submissions, or in Denver, Colorado. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
       3. Alternative Jurisdiction. Without in any way limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration the Parties (a) irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts of Denver County, Colorado; (b) waive any right to a jury trial; and (c) may bring suit in court to enjoin infringement or misuse of intellectual property rights or breach of confidentiality obligations including as described in Section 9.
    8. Trade Compliance. Each Party will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. You will not use, nor permit Your Authorized Users to use, Products in the following locations: North Korea, Cuba, Syria, Iran, and the Crimea and Donbas Regions of Ukraine. For clarity, You are solely responsible for compliance related to the way You choose to use the Products. You represent and warrant that You or Your Authorized Users are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
    9. Independent Parties and Authority to Bind. The Parties are independent contractors, and the Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither Party, nor any of their respective affiliates, or Authorized Users, is an agent of the other for any purpose or has the authority to bind the other.
    10. Notice.
        1. To You. We may provide any notice to You under the Agreement by: (a) posting a notice on the Site or Apps; or (b) sending a message to the email address then-associated with Your account. Notices We provide by posting on the Site or Apps will be effective upon posting and notices We provide by email will be effective when We send the email. You will be deemed to have received any email sent to the email address then-associated with Your account when We send the email, whether or not You actually receive the email. You are responsible for monitoring your spam folder to identify Our emails and updating Your email address associated with Your account as necessary.
        2. To Us. Notices required or permitted under the Agreement to Us will be in writing and sent in accordance with the following:
         

        Content	Method
        Notice of Billing Errors	Via nationally recognized overnight carrier to DAT Solutions, LLC, 10260 SW Greenburg Road, Suite 464, Tigard, OR 97223 Attn: Customer Financial Services Department OR Via email billingservices@dat.com
        Notice of Non-Renewal	For month-to-month Order Forms: only through account.dat.com For all other Order Forms: email Your account representative
        Notice of Breach	Via nationally recognized overnight carrier to DAT Solutions, LLC, 10260 SW Greenburg Road, Suite 464, Tigard, OR 97223 Attn: Contract Administration AND Via email legal@dat.com
        All other notices required or permitted under this Agreement	Via nationally recognized overnight carrier to DAT Solutions, LLC, 10260 SW Greenburg Road, Suite 464, Tigard, OR 97223 Attn: Contract Administration OR Via email contractadministration@dat.com

    11. No Waivers. The failure by Us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Our right to enforce such provision later. All waivers by Us must be in writing to be effective.
    12. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to give effect and intent of the original portion to the extent legally permissible. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.
    13. Survival. Unless stated elsewhere, Section 5.2.2 (Restrictions), Section 5.2.3 (Artificial Intelligence and Machine Learning), Section 5.2.4 (Remedies), Section 5.4 (Statistical Data), Section 5.5 (Suggestions), Section 7 (Limitation of Liability), Section 8.2 (Your Indemnification of Us), Section 9 (Confidentiality), Section 10.6 (Governing Law), Section 10.7 (Disputes), and Section 10.10 (Notice) of these Terms and Conditions, as well as any other provision that, to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination. All other provisions of the Agreement will not survive the expiration or earlier termination of the Agreement.
11. Definitions
    1. “Acceptable Use Policy” means the Acceptable Use Policy (https://www.dat.com/acceptable-use-policy), as amended from time to time.
    2. “Account Information” means the credential information about You or Your Authorized Users which is provided to create Your DAT account(s). Account Information specifically includes usernames, passwords and billing information associated with your DAT accounts that is strictly necessary to access the DAT system.
    3. “Affiliate” means any other entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
    4. “Apps” means downloadable software, including the mobile device software.
    5. “Arbitrator” means a single arbitrator from the Judicial Arbiter Group, Inc. 1601 Blake St #400, Denver, CO 80202.
    6. “Authorized Users” means, and will be limited to, Your employees (for whom You have paid all applicable fees for use of the Product) who have obtained usernames and passwords initially issued by Us with respect to the Product. If applicable, the number of Authorized Users for a specific Product may be set forth in the applicable Order Form.
    7. “Compete” means to directly or indirectly develop for sale, sell or offer to sell products that (i) aggregate other brokers’ loads or freight match other brokers’ loads, (ii) index or project shipping lane rates, (iii) provide freight visibility or tracking solutions, or (iv) provide carrier accounts receivable factoring services.
    8. “Confidential Information” means all nonpublic information disclosed by either Party, its affiliates, business partners or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. This includes without limitation: (a) nonpublic information relating to affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances, and other business affairs; (b) third-party information that each Party is obligated to keep confidential; (c) the freight rate data contained in the Product Data; (d) Your Rate Data, if any; (e) the Agreement; and (f) any Order Form or ordering document and the pricing contained therein. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to the receiving party at the time of receipt; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by the receiving party without reference to the Confidential Information. Notwithstanding the foregoing, this Agreement imposes no obligation upon the receiving party with respect to any information that is required to be disclosed by order of a court or governmental agency; provided, however, that in such a case, the receiving party shall immediately notify the disclosing party of such order to allow the disclosing party to seek a protective order or other appropriate relief.
    9. “Contact Data” means company name, company mailing address, company email address, company telephone number, company ownership demographics, and Department of Transportation data.
    10. “Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
    11. “Order Form” means the (a) ordering document or (b) ordering webpage prepared by Us and signed or click-accepted by You that in either event lists the Products, number of Authorized Users (unless otherwise unlimited), price, renewal terms, and subscription length.
    12. “Privacy Policy” means the Privacy Policy (https://www.dat.com/privacy-policy), as amended from time to time.
    13. “Products” means the Site, software, and documentation as set forth in Order Forms, Statement(s) of Work, and Our support of those items made available through the Site or Apps.
    14. “Product Data” means all data provided on a non-exclusive basis by Us to You via the Products.
    15. “Rules” mean the Commercial Arbitration Rules promulgated by American Arbitration Association.
    16. “Site” means DAT.com and all its subdirectories.
    17. “Shared Data” means Load Post Data, Rate Data, as applicable, defined in the Product and Delivery Schedule, and any data You transfer into Our Products, platforms, or Sites.
    18. “Statistical Data” means data generated or related to the provision, operation or use of the Products or the Site, including measurement and usage statistics, configurations, survey responses, performance results, information reflecting Your or Your Authorized Users’ use of the Products such as click-through data, visit or session data, and other usage data provided that in all instances We deidentify and aggregate such data before use and specifically excluding Shared Data.
    19. “Suggestions” means all suggested improvements to the Products that You provide to Us.

[DAT Terms and Conditions – 2025]