1. Acceptance of Terms
By accessing or using the Viatrix Logistics LLC ("Viatrix", "we", "us") website, the Viatrix Portal, our applications, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you disagree with any part of the terms, you may not access our Services. Users must be at least 18 years of age and capable of forming legally binding contracts.
2. Privacy Policy
Our collection and use of your personal information is governed by our Privacy Policy. By using the Services, you consent to our data practices as outlined in our Privacy Policy.
3. Use of Services & User Conduct
Our Services are designed to facilitate freight, logistics, and transportation management. You agree to use these Services only for lawful purposes. You are strictly prohibited from:
- Attempting to hack, destabilize, or compromise the portal or Services.
- Reverse engineering any part of the Services.
- Uploading malicious software, viruses, or harmful code.
- Accessing or attempting to access accounts not belonging to you.
- Interfering with the operation of the Services or the enjoyment of the Services by other users.
- Using the Services in violation of any applicable export control, sanctions, or trade laws.
4. User Accounts and Termination
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding your password and for any activities under your account. You must notify us immediately upon becoming aware of any breach of security.
We may suspend or terminate any account at our sole discretion, without prior notice, for violations of these Terms, unlawful activity, fraud, security concerns, or misuse of the Services.
5. Payment Terms
Users accessing premium features or utilizing Viatrix Logistics LLC for freight and transportation services may be subject to additional billing and payment agreements. All fees, invoicing periods, and late payment conditions are governed by our separate Payment & Billing Policy, which is provided to customers upon onboarding. We reserve the right to suspend services for non-payment.
6. Logistics & Transportation
As a provider of logistics technology and transportation services, please be advised of the following:
- No Transportation Contract: Use of the portal or Services itself does not create a transportation contract, brokerage agreement, employment relationship, partnership, or joint venture between Viatrix Logistics LLC and any user.
- External Delays & Third Parties: We are not responsible for delays caused by external factors (e.g., severe weather, strikes, traffic, natural disasters) and we are not liable for the actions or omissions of third-party carriers, shippers, or brokers. Specific transportation obligations and liabilities are governed by applicable transportation agreements, carrier agreements, broker-carrier agreements, rate confirmations, bills of lading, or other written contracts between the parties.
- Portal Data & Tracking: Shipment status, GPS location information, estimated arrival times, route information, and tracking data are provided for convenience only and are estimates. Viatrix Logistics LLC does not guarantee the accuracy, completeness, timeliness, or availability of such information.
- Tracking Links: Tracking links are provided solely for shipment visibility purposes. Recipients of tracking links may access shipment-related information only. Tracking links may be revoked at any time. Users receiving tracking links are responsible for maintaining the confidentiality of such links. Viatrix Logistics LLC is not responsible for unauthorized access resulting from sharing or forwarding tracking links.
7. Electronic Communications
By using the Services, you consent to receive electronic communications from Viatrix Logistics LLC, which may include load updates, tracking notifications, system alerts, and security notices.
8. Third-Party Services
Certain features of the Services may rely on integrations with third-party software, applications, platforms, and service providers (including, but not limited to, mapping tools, payment processors, telematics providers, and communication services). Viatrix Logistics LLC is not responsible for the availability, accuracy, or performance of any third-party services.
9. Data Ownership
Users retain ownership of the content, documents (such as BOLs, PODs, and shipment documents), and files they upload. By uploading content, users grant Viatrix Logistics LLC a non-exclusive license to use, store, process, and display such content as necessary to provide the Services.
We may retain uploaded content, shipment records, tracking information, and account data for legal, operational, backup, audit, compliance, and dispute-resolution purposes, even after account termination, subject to applicable law.
10. Intellectual Property
The Services and their original content (excluding content provided by you or other users), features, and functionality are and will remain the exclusive property of Viatrix Logistics LLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11. Disclaimer & Service Availability
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. Viatrix Logistics LLC does not guarantee that the Services will be uninterrupted, secure, error-free, or available at all times. We may suspend, modify, or discontinue portions of the Services without notice.
12. Limitation of Liability
In no event shall Viatrix Logistics LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the Services. In no event shall Viatrix Logistics LLC's aggregate liability exceed the greater of: (a) the amount paid by the user for the Services during the twelve (12) months preceding the claim; or (b) one hundred U.S. dollars ($100).
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
Mandatory Arbitration & Class Action Waiver: Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Maricopa County, Arizona. You and Viatrix Logistics LLC agree to resolve any disputes strictly on an individual basis, and waive any right to bring or participate in any class, consolidated, or representative action. Courts in Maricopa County, Arizona have jurisdiction only to enforce arbitration awards, seek injunctive relief, or determine arbitrability.
14. Force Majeure
Viatrix Logistics LLC shall not be liable for any failure or delay resulting from causes beyond its reasonable control, including natural disasters, severe weather, acts of government, labor disputes, cyberattacks, telecommunications failures, power outages, epidemics, or acts of war.
15. Miscellaneous
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
Survival: The provisions relating to Intellectual Property, Data Ownership, Disclaimers, Limitation of Liability, Arbitration, Governing Law, and any other provisions that by their nature should survive termination shall survive the termination of these Terms.
16. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
17. Contact Us
If you have any questions about these Terms, please contact us:
Viatrix Logistics LLC
Email address: [email protected]