Terms of Use

These Terms of Use, modify that certain Services Order to which they are incorporated by reference (collectively, the Services Order and these Terms of Use referred to as the “Agreement”) and are by and between Haul Hub Inc. (“Haul Hub” or “Us” or “We” or “Our”) and the Customer that is identified on the attached Services Order (such Customer referred to herein as “You” or “Your”).

WE PROVIDE YOU WITH THE CREWMINDERS SERVICE WHICH INCLUDES ACCESS TO CERTAIN ADMINISTRATIVE SOFTWARE THROUGH HAUL HUB’S WEB PLATFORM (THE “SERVICES”) SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY SIGNING THE SERVICES ORDER OR, IN THE CASE OF SIGNING UP FOR THE SERVICES VIA OUR WEBSITE, BY CLICKING THE “I AGREE” BUTTON  PROVIDED AT THE TIME OF SIGN UP, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF YOU ARE ACCEPTING THIS ON BEHALF OF AN ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY AND BIND THE ENTITY TO ITS TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT AND DO NOT LICENSE AND PROVIDE THE SERVICES TO YOU AND YOU MUST NOT ACCESS OR USE THE SERVICES OR RELATED DOCUMENTATION.  YOUR USE OF AND ACCESS TO THE SERVICES IS SUBJECT TO OUR PRIVACY POLICY, WHICH IS AVAILABLE HERE: https://www.haulhub.com/privacy-policy/.  BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT WE CAN COLLECT AND USE INFORMATION FROM YOU IN ACCORDANCE WITH OUR PRIVACY POLICY AND THIS AGREEMENT. 

  1. Services. Subject to and conditioned upon Your strict compliance with all terms and conditions set forth in this Agreement, as part of the Services, We will provide You with the employee messaging notifications and survey services described during the Services sign-up and registration process.  To receive the Services, You must create an account which will include information that will be unique to You, such as Your log-in credentials (“Account Information”).  You agree to keep Your Account Information current and to update Your Account Information as necessary or required by Us.  We may revise the Services at any time, without notice to You.  Full use of the Services is dependent upon Your use of adequate and compatible internet access, software and hardware.  You are responsible for securing such access, software and equipment, and Your failure to do so could affect Your access to, and the functioning of, the Services.  It is Your and Your Employees’ (as defined below) responsibility, and not Our responsibility, to determine whether the computer and mobile devices You and Your Employees will use to access and receive the Services are compatible.
    1. Employee Information and Response Preferences. To receive the Services, You must submit contact information about Your employees and/or contractors (collectively, “Employees”) including their names and mobile telephone numbers (“Employee Information”).  We, as part of the Services, will send text messages to Your Employees (“Text Messages”), at Your direction, using the Employee Information.  If designated by You, the Text Messages will include a link to a survey that will ask Employees questions in order for You to assess information from Employees, such as whether such Employees should report to work.  You will receive Your Employees’ survey responses (“Survey Responses”) through the Services.  Through the Services, You may designate preferences with regard to which Survey Responses will trigger certain follow up response screens or Text Messages, and You will designate the content of such follow up response screens or Text Messages, to be sent as part of the Services (“Response Preferences”), such as a response screen or Text Message instructing an Employee not to report to work that day.
    2. Employee Approvals for Text Messages. You are solely responsible for obtaining all necessary approvals from Your Employees regarding their consent to (a) receive Text Messages through Our Services; (b) share their Survey Responses with Us; and (c) Our use of their Employee Information and their Survey Responses solely to provide the Services and in accordance with this Agreement, and including their consent to Our providing the Employee Survey Responses to You.  By entering Employee Information by accessing the Services, You represent and warrant that You have obtained such consent from Your Employees and that they have knowingly and voluntarily consented to sharing their Employee Information and Survey Responses with Us and to receiving Text Messages from Us to the phone number You provided, potentially through automated technology (including texts/SMS messages).  We disclaim all liability and responsibility arising out of Your failure to obtain the necessary consent from Your Employees before providing their Employee Information by accessing the Services.  You are solely responsible for compliance with, and agree to comply with, all applicable laws and regulations, including without limitation, privacy and data protection laws applicable to Your collection and submission of Employee Information, with respect to Your use and receipt of the Services.  You are also responsible for ensuring that all of Your Employees who access the Services are aware of the terms of this Agreement and that they comply with them.
  2. Not Medical Advice. You acknowledge and agree that Haul Hub is not a medical provider or healthcare consultant.  Through the Services, We merely provide You a system for sending notifications to Your Employees and gathering information from Your Employees.  We will not provide any advice or guidance as to Your Response Preferences or diagnosis information based on the Survey Responses, nor will We select or recommend any Response Preferences for You.  You should seek the advice of a medical professional as to what Survey Responses should warrant a follow up Text Message that instructs Your Employee not to come in for work.  We do not make any representations or warranties about the accuracy, completeness or usefulness of the survey questions or the Survey Responses to such questions.  We will not take any measures to ensure the accuracy or completeness of the Survey Responses from Your Employees that are communicated to You through the Services.  Any reliance You place on the survey questions, the Survey Responses, and/or Response Preferences is strictly at Your own risk.  We disclaim any and all liability and responsibility arising from any reliance You place on the survey questions, Survey Responses, and Response Preferences.
SMS
  1. The Crew Minders platform allows companies to easily communicate through SMS with their employees. Companies sign up for Crew Minders and our given a secure login. Upon entering our web portal they can add their employees names and phone numbers. At which point they can begin sending notifications, that are delivered to the employees phone via SMS, once a day at maximum.
  2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.
  4. Carriers are not liable for delayed or undelivered messages
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  6. If you have any questions regarding privacy, please read our privacy policy: https://www.haulhub.com/privacy-policy/

  1. License Grant and Scope. Subject to and conditioned upon Your strict compliance with all terms and conditions set forth in this Agreement, We hereby grant You a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to (i) access and use the Services solely for Your non-commercial, internal business purposes on compatible devices owned or otherwise controlled by You; and (ii)  use the Services  and any user manuals, technical manuals and any other materials provided by Us, in printed, electronic or other form, that describe the operation, use or technical specifications of the Services (“Documentation”), solely in connection with Your use and receipt of the  Services for internal business purposes on compatible devices owned or otherwise controlled by You.
  2. Use Restrictions. You shall not, and shall not allow, encourage, enable or solicit any individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity other than You or Us (each, a “Third Party”) to, directly or indirectly:
    1. use (including make any copies of) the Services or Documentation beyond the scope of the license granted under Section 3;
    2. provide any Third Party with access to or use of the Services, Documentation, or Your Account information;
    3. copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services or Documentation or any part thereof;
    4. combine the Services or Documentation or any part thereof with, or incorporate the Services or Documentation or any part thereof in, any other programs or services;
    5. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code underlying the Services or any part thereof;
    6. remove, delete, alter or obscure any trademark, copyright, patent or other intellectual property or proprietary rights notices provided on or with the Services or Documentation, including any copy thereof;
    7. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or Documentation, or any features or functionality of the Services, to any Third Party for any reason;
    8. use the Services or Documentation in violation of any law, regulation or rule;
    9. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection or security features in the Services or Documentation;
    10. use the Services or Documentation for purposes of competitive analysis of a competing product or service or any other purpose that is to Our commercial disadvantage; or
    11. use the Services outside of the United States.
  3. Responsibility for Use of Services. You shall safeguard the confidentiality of Your Account Information and are responsible and liable for all uses and receipt of the Services through Your Account. You are responsible for preserving the confidentiality of Your Account Information.  You are responsible for all activity that occurs in connection with Your Account and We are not responsible for any damage or injury caused by Your failure to keep Your Account Information confidential.  Your right to use, access and/or receive the  Services is conditioned upon Your compliance with all applicable law.  If You fail to adhere to applicable law, or any part of this Agreement, We may terminate, in Our sole discretion and without notice to You, Your use of, or access to, the Services or Documentation.
  4. Monitoring, Use of the Services and Expectations of Privacy. Your access to and interaction with the  Services is subject to monitoring by Us at all times to ensure proper functioning, to prevent unauthorized use and violations of laws and regulations, to deter criminal activity, and for Our other business purposes.  As a user of the Services, You hereby acknowledge and agree that any information shared by You and Your Employees through the Services is subject to monitoring and is not subject to any expectation of privacy from Us beyond the obligations of applicable law and is governed by our Privacy Policy (linked above in the introductory paragraph of this Agreement).   You represent and warrant that You have advised your Employees of the foregoing monitoring and eliminated their expectation of privacy regarding their Survey Responses.  We reserve the right to disclose to law enforcement authorities information concerning Your use and receipt of, and/or access to, the Services.
  5. Collection and Use of Information. You acknowledge that when You use the Services and when Your Employees access and use the links provided in Text Messages, We may use automatic means (including, for example, cookies and web beacons) to collect information about You and about Your Employees’ use of the Services, in accordance with Our Privacy Policy (linked above in the introductory paragraph of this Agreement).  You may also be required to provide payment information, as a condition to  receiving Services or certain of their features or functionality.  By using and providing information through use of the Services and selecting Services that collect information from Your Employees, You consent to all actions taken by Us with respect to such information in compliance with Our applicable policies and applicable law.  You represent and warrant that You own or have the right to all information, ideas, feedback, suggestions, materials, and other content, not including Employee Information, (“Submissions”) that You enter or upload through use of the Services or otherwise provide to Us.  You hereby grant Us a non-exclusive, transferable, sublicensable, worldwide, irrevocable, royalty-free license to use, copy, modify, translate, create derivative works from, and distribute such Submissions.  You further represent and warrant that Your Submissions will at all times be in compliance with all applicable laws. 
  6. Updates. We may from time to time in Our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related Documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality of the Services.  You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.
  7. Intellectual Property Rights. As used herein, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.  You acknowledge and agree that access to the Services and Documentation are provided under license, and not sold, to You.  You do not acquire any ownership interest in the Documentation or Services under this Agreement, or any other rights thereto other than to use the Documentation and receive the Services in accordance with the license granted herein, and subject to all terms, conditions and restrictions, under this Agreement.  As between You and Us, We reserve and shall retain Our entire right, title and interest in and to the Services and Documentation and all Intellectual Property Rights arising out of or relating to the Services and Documentation, except as expressly granted to You in this Agreement.  You shall promptly notify Us if You become aware of any infringement of Our Intellectual Property Rights in the Services or Documentation, and You agree to fully cooperate with Us, at Our sole expense, in any legal action taken by Us against a Third Party to enforce Our Intellectual Property Rights.
  8. Fees. You agree to pay, and You hereby authorize Our third party payment processor to charge You using Your selected payment method, the fees for the Services that are set forth on the Services Order.  Any applicable fees are payable in advance prior to receipt of the Services.  You are responsible for providing complete and accurate billing and contact information to Us.
  9. Term and Termination. This Agreement shall be effective upon the date you sign the Services Order or You clicking “I agree” as described above, as applicable, and, unless terminated earlier as provided herein, shall remain in effect for the duration of the subscription term, as designated on the Services Order (the “Initial Term”).  This Agreement will automatically renew at the end of the Initial Term for  subsequent terms that are the same length as the Initial Term (each a “Renewal Term”) unless or until either party provides 10 days’ written notice to the other party before the end of the then-current Initial Term or Renewal Term (the Initial Term together with any Renewal Terms, the “Term”).  Either party may terminate this Agreement at any time upon written notice to the other party.  Upon termination of this Agreement for any reason, the licenses granted hereunder shall terminate, and You shall immediately cease using the Services.  Upon termination of this Agreement for any reason, You shall not be entitled to any refund of fees (including any partial refund of prepaid fees), except (a) if you terminate because of Our material breach, or (b) as may be required by applicable law.  Termination will not limit any of Our rights or remedies at law or in equity.  Any terms of this Agreement that by their nature are designed to survive termination shall so survive including without limitation Sections 1(v), 2, 4, 6, 7, 9, 11, 13-17.
  10. Third Party Materials. The Services may display, include or make available third-party content (including content, data, information, applications and other products, services and/or materials) (“Third Party Materials”). You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, contents or any other aspect thereof. We further disclaim any responsibility for any form of transmission received from any linked Third Party Materials links or advertising.   We do not assume and will not have any liability or responsibility to You or any Third Party for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such Third Parties’ terms and conditions, if any.
  11. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATIONS, SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, ARE SECURE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  WE DO NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SERVICES.
  12. Limitation of Liability. PLEASE CAREFULLY READ THIS SECTION, WHICH LIMITS THE REMEDIES YOU MAY SEEK FROM US. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
    1. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICES, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, DEVICE OR SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
    2. IN NO EVENT WILL OUR AND OUR LICENSORS’ AND SERVICE PROVIDERS’ COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US PURSUANT TO THIS AGREEMENT FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM.
    3. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION 15 FORM A FUNDAMENTAL PART OF THIS AGREEMENT AND THESE LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
  13. Indemnification. You agree to indemnify, defend and hold harmless Us, Our affiliates, and Our and their officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Your use or misuse of the Services, Your breach of this Agreement, Your failure to obtain necessary approvals from Your Employees pursuant to the terms of this Agreement, or Your Submissions. Furthermore, You agree that We assume no responsibility for the Submissions and Employee Information You submit, use or make available through the Services.  We reserve the right to assume control of the defense of any Third Party claim that is subject to Your indemnification, in which case You will cooperate with Us in asserting any available defenses.
  14. Dispute Resolution.  PLEASE CAREFULLY READ THE FOLLOWING SECTION, WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS YOU MAY HAVE WITH US, AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK REMEDIES FROM US.  You agree that all disputes, claims, actions or causes of actions between You and Us arising from or relating to this Agreement, the Documentation or Services (“Dispute”) shall be subject to the arbitration procedure described below. 
    1. You and We agree all Disputes shall be resolved through final and binding arbitration, except as expressly set forth otherwise in this Agreement. You can decline this Agreement to arbitrate by contacting notices@haulhub.com within 30 days of first accepting this Agreement, stating Your full name and that You decline to accept this arbitration agreement. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will take place in Boston, Massachusetts or such other location to which We agree in writing. The AAA rules will govern payment of arbitration fees.
    2. You may only resolve Disputes with Us on an individual basis, and You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not permitted for any Disputes or for any other reason related to this Agreement. 
    3. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision. In the event that the agreement to arbitrate set forth in this Section is found not to apply to You (or as otherwise expressly set forth in the Agreement), any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Suffolk County, Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts. You and We each agree to waive Our respective right to a jury trial.
    4. Regardless of any law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose, or else that Dispute will be barred forever.
  15. Miscellaneous.
    1. This Agreement constitutes the sole and entire agreement between You and Us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
    2. You shall not assign or otherwise transfer any of Your rights, or delegate or otherwise transfer any of Your obligations or performance, under this Agreement, without Our prior written consent, which consent We may give or withhold in Our sole discretion.
    3. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any Third Party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
    4. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
    5. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  16. Our Contact Information
Haul Hub Inc.
2 Merrimack St., 5th Floor
Haverhill, MA  01830
833-428-5482


Effective Date: May 1, 2020