Shipper Terms & Conditions
Last updated: June 1, 2022.
These terms and conditions are applicable to the Glen Rose Transportation, Inc (GRTM, INC) website https://www.grtminc.com/, Glen Rose Transportation Management System (GRTMS) and all subpages, or mobile application(s) (collectively, the “Software”), which is maintained by GRTM, Inc. (“GRTM,” “Glen Rose Transportation Management,” “We,” “Us,” or “Our”) as a service to users of the website and/or software (“You” or “Your”). Please review the following terms and conditions (“Terms and Conditions”) before using the Software. These Terms and Conditions apply to all users of the Software.
Your Use
GRTM maintains the Software for GRTM personnel and customers to conduct database transactions in the official conduct of business on behalf of their respective employer of company. By using this Software, You represent that You are authorized to bind Yourself and Your employer or company with respect to such transactions and that You are authorized to bind Yourself and Your employer or company to these Terms and Conditions. Your use of the Software is solely at the direction and under the control of You and/or Your employer and is not at the direction or under the control of GRTM. Your use of the Software confirms Your acceptance of these Terms and Conditions and Your agreement to be bound by them. If You do not accept and agree to be bound by these Terms and Conditions, do not use the Software. If You violate these Terms and Conditions, GRTM reserves the right to seek all remedies available at law and in equity. We may terminate Your access or use of the Software at any time, for any reason or no reason, and without prior notice. We may from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of any revisions. Your use of the Software following any such revisions constitutes Your agreement to follow and be bound by the Terms and Conditions as revised. You further agree that You remain subject to all terms, agreements, and laws applicable to transportation, logistics, and brokerage services provided to You by GRTM. Notwithstanding the foregoing, with respect to Your use of the Software, these Terms and Conditions supersede any agreements between GRTM and You or Your company or employer, otherwise expressly authorized in writing by a GRTM Executive or Board Member.
If you have requested access rights for other users associated with Your employer or company (“Other Users”), You are responsible for managing the access rights of such Other Users. This includes, but is not limited to, notifying GRTM immediately when such Other Users are no longer associated with Your employer or company and requesting disabling of such Other Users’ accounts. GRTM has no obligation to ensure that the users You authorize to act on behalf of Your employer or company are appropriately authorized to do so, whether at the time access is granted or at any time thereafter.
The terms of agreement with Your mobile network provider apply to any text message or mobile device notifications You authorize through Your use of this Software. You may be charged by Your mobile provider for the cost of data and/or messaging related to Your use of the Software, and You accept responsibility for any such charges, including roaming data charges, if applicable.
Additionally, You agree not to use or otherwise interact with the Software while operating a vehicle.
Your Account
You may choose to establish an account on the Software or one may be established for You by Your employer (“Your Account”). You will have access to Your Account by providing Your user identification and password. Your use of the Software, and any information You provide to GRTM through the Software, including but not limited to Your full name, postal address, phone number, or email address (“Personal Information”), is subject to Our Privacy Policy, which may be accessed at www.grtminc.com/termsofuse. By using the Software, You consent to the transmission of Your unique device identification, advertising identifier, user identification, and other persistent identifiers (collectively, “Device ID”) to GRTM and consent to GRTM’s receiving, collecting, storing, processing, transmitting, and using such Device ID for Software functionality, for GRTM’s internal business purposes (including, without limitation, business analytics, sales, marketing, and recruiting), and to serve advertising. Additionally, You authorize GRTM to access Your Account from time to time for purposes including, but not limited to, assistance in conducting your business through the Software. You agree to provide and maintain accurate, current and complete Personal Information as part of Your Account. For any images, logos, taglines, or other content You provide to GRTM through the Software (“Posted Content”), You represent that You have the rights to use such Posted Content and that You are authorized to provide such Posted Content to GRTM. You further authorize GRTM to display Posted Content on the Software. GRTM reserves the right in its absolute discretion to remove any images posted by You to the Software, including but not limited to images that are offensive, inappropriate, or may infringe upon others’ rights. GRTM will fully cooperate with any law enforcement authorities or court order requesting or directing GRTM to disclose the identity of any users of the Software, and/or any Personal Information.
You agree not to share or disclose Your user identification and/or password unless expressly authorized by GRTM under emergency business conditions. You are responsible for maintaining the confidentiality of Your access information and for controlling access to Your Account. Should You suspect that any unauthorized party may be using Your Account or that any other breach of security may have occurred, You agree to notify Us immediately. You agree to accept responsibility for all activities that occur under Your Account. We may terminate Your Account at any time, for any reason or no reason, and without prior notice. If there is no activity on Your Account for a period of six (6) months, your Account password will expire.
Our Content
The design of the Software and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of the Software (collectively, “Content”) are protected by U.S. copyright laws and international laws and treaties. The unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. The unauthorized reproduction or distribution of any copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000, or as otherwise imposed by applicable law. GRTM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. GRTM neither warrants nor represents that Your use of Content will not infringe rights of third parties not owned by or affiliated with GRTM. GRTM provides Content under a limited license as a service to You. This limited license is subject to the following restrictions: (a) You may only use the Content in the official conduct of business with GRTM; (b) You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, derive works from, sell, license, allow others to copy, or otherwise exploit the Software, any of the Content, or any related software; and (c) You may not use, download, or export, or re-export the Software in violation of any applicable laws or regulations. By installing or using the Software, You represent and warrant that You are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. This limited license will automatically terminate if You do not comply with these Terms and Conditions. GRTM may revoke this limited license at any time, for any or no reason, and without prior notice.
Our Trademarks
The trademarks, trade names, logos, names, service marks and trade dress (collectively, the “‘Trademarks and Trade Dress’”) displayed on the Software are registered and unregistered Trademarks and Trade Dress of GRTM and others. GRTM and/or such third parties reserve and retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license or right to use the Trademarks or Trade Dress is granted to You by these Terms and Conditions or by Your use of the Software. A license to use the Trademarks or Trade Dress can only be granted with the written permission of GRTM or such third party that may own the Trademarks and Trade Dress. Your unauthorized use or misuse of the Trademarks and Trade Dress in any manner is prohibited. GRTM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where applicable.
Accuracy
While GRTM uses reasonable efforts to include accurate and up-to-date information on the Software, GRTM makes no warranties or representations as to the completeness, accuracy, or currency of any information on the Software. GRTM reserves the right to change information on the Software without notice. Please note that quoted rates are based on the information provided for best estimate(s), including TMS/electronic generated quotes, emailed quotes, verbal quotes, and any and all forms of communicated quotes. Final rates will be accessed once a shipment has delivered and completed our audit process for accuracy. Therefore, shipments are subject to additional charges with or without notice, if initial quote varies from actual shipment.
Linking
Links may be established from the Software to one or more external websites, applications, or other resources operated by third parties (the “Third Party Sites”). Certain Third Party Sites also may provide links to the Software. Such links should not be deemed to imply that GRTM endorses the Third Party Sites or any content therein. GRTM does not control and is not responsible for any Third Party Sites or any content, advertising, products, goods, services, or other materials on or available from such Third Party Sites. You access any Third Party Sites at Your own risk and subject to the terms and conditions of such Third Party Sites.
Communications
All data, questions, comments, feedback, suggestions, ideas, and other communications or material (collectively, “Communications”) that You submit or offer to GRTM in connection with Your use of the Software, whether via the Software, or via electronic mail, postal mail, telephone, or any other means, is and will be treated as nonconfidential and non-proprietary. GRTM may use Communications for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. GRTM may use any ideas, concepts, know-how, or techniques contained in any Communication for any purpose whatsoever including, but not limited to, developing, and marketing products using such information.
Confidentiality
You agree not to use any of GRTM confidential or proprietary information (including, but not limited to, customer lists, data transfer processes, proprietary information, rate information, and application designs) for the benefit or use of any entity other than GRTM, or for any purpose not expressly permitted by these Terms and Conditions.
Disclaimer of Warranties
THE SOFTWARE, AND ALL CONTENT, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. IN SOME JURISDICTIONS, CERTAIN DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
Limitations of Liability
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, GRTM INCLUDES NOT ONLY GRTM BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST GRTM MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM. YOU AGREE THAT IN NO EVENT WILL GRTM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SOFTWARE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, DAMAGES RESULTING FROM THE USE OF THIS SOFTWARE IN VIOLATION OF THESE TERMS AND CONDITIONS AND TRAFFIC OR SAFETY LAWS, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GRTM IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
For purposes of this indemnification provision, GRTM includes not only GRTM but also its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents. You agree to defend, indemnify, and hold GRTM harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising from Your use of the Software, including: (a) Your breach of these Terms and Conditions or the documents they incorporate by reference; (b) Your violation of any law or the rights of a third party; (c) any allegation that any materials that You submit to Us, or transmit through the Software or to Us, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (d) Your use of the Software in violation of these Terms and Conditions; and (e) any other conduct by You in the course of or in connection with Your use of the Software. This indemnity provision is applicable and enforceable without regard to the negligence of any party, including any indemnified person.
Choice of Law and Venue
GRTM does not warrant that the materials published on the Software are appropriate for use outside of the United States. If You access the Software from outside of the United States, You do so on Your own initiative and at Your own risk. These Terms and Conditions and Your use of the Software are governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. In the event of a dispute between You and GRTM related to these Terms and Conditions or Your use of the Software, You and GRTM agree that such dispute will be submitted to binding arbitration in Somervell County, Texas, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as then in effect. You further agree that no arbitrator may order, permit, or certify a class action, representative action, private attorney general litigation, or consolidated arbitration in connection with the agreement to arbitrate in these Terms and Conditions. If any part of these Terms and Conditions is deemed invalid or unenforceable, that part will be severed from these Terms and Conditions and the remaining parts will continue in full force and effect.
Other Terms of Use
For iOS mobile devices: By using the map function of the Software, You agree to be bound by Apple Maps Terms of Use, found at http://www.apple.com/legal/internet-services/maps/terms-en.html. For Android mobile devices: By using the map function of the Software, You agree to be bound by Google’s Terms of Service, found at https://www.google.com/policies/terms/ and https://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, found at http://www.google.com/policies/privacy
Changes to the Terms & Conditions
We may update our Terms & Conditions from time to time. We will notify You of any changes by posting the new Terms & Conditions on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of these Terms & Conditions.
You are advised to review these Terms & Conditions periodically for any changes. Changes to the Terms & Conditions are effective when they are posted on this page.
Contact Us
If you have any questions about these Terms & Conditions, You can contact us:
By visiting this page on our website: https://grtminc.com/Contact
By phone number: 254.897.3580
To view our Privacy Policy Please Click Here