- COYOTEGO END USER SOFTWARE LICENSE AGREEMENT
- MOBILE TRACKING DRIVER LOCATION SERVICE TERMS
Last revised: 08/10/2018
Welcome to the Internet website of Coyote Logistics, LLC (“Coyote”). Coyote values your interest in its services and appreciates your visit to this website. As used hereinafter, the term “website” includes those websites which are owned and/or operated on behalf of Coyote, including the web pages associated with www.coyotelogistics.com, www.coyote.com., www.oversizedshipping.com, www.bzw.coyote.com, www.connect.coyote.com and www.coyotelogistics.com/bazookamobile. These terms and conditions do not apply to any website owned and/or operated by or on behalf of any third party, including but not limited to the recruitment website operated by Workday, even if we provide a hyperlink to such website.
Coyote makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you acknowledge that you, the individual user of this website, have read, understood and agree to be legally bound by these terms and conditions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further acknowledge that you are older than the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, older than 18 years of age, and that you have the authority and do hereby legally bind the business entity, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.
Coyote, at its sole discretion, reserves the right to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. By using this website after any changes in these terms and conditions are made, you agree to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.
Coyote may terminate your right to use this website without cause at any time and effective immediately. In addition, Coyote may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you agree to be bound by those terms.
BAZOOKA WEB PORTAL
As part of the website, Coyote offers its customers access to its proprietary Bazooka Web portal (also known as the Coyote Shipper and Carrier Portal). The Bazooka Web portal is a novel tool that affords registered users the ability to view and monitor, in real time, certain information pertaining to their accounts, loads, shipments and purchase orders with Coyote. For example, the Bazooka Web portal may offer certain registered Coyote customers the ability to track their load status in real time, post loads into the system as a means of instigating a potential order for shipment, send inquiries to Coyote about their accounts and transactions, and view account status information. Similarly, the Bazooka Web portal may offer certain registered Coyote carriers the ability to view loads assigned to them, bid on available loads that need to be assigned, post trucks and other vehicles that are available to ship unassigned loads, and view account status information. Certain registered warehouses may view and track loads that are moved in and out of their facilities. Finally, certain registered distributors of Coyote’s customers may be able to post purchase orders for loads that they want fulfilled by the respective Coyote customers.
For the avoidance of doubt, all bids, postings and offers made by registered Bazooka Web portal users are merely offers that must be accepted by or through Coyote. In no event shall Coyote be liable to a registered user in the absence of a written confirmation from Coyote concerning the subject matter of the bid, posting and/or offer.
To access the Bazooka Web portal, you must be a registered user and meet any other applicable requirements as required by Coyote from time to time. To the extent you qualify for access to the Bazooka Web portal, you will be assigned a unique user name and a password as part of the registration process. You will be required to use this user name and password each time you access the Bazooka Web portal.
As a registered user of the Bazooka Web portal, you are responsible for maintaining the confidentiality and security of your user name and password, and you shall be responsible for all uses of your username and password. You agree to notify Coyote immediately at Problem@coyote.com of any breach of security, including, without limitation, unauthorized use of your user name and password. You are also responsible for logging off at the end of each Bazooka Web session to enhance your account security. The failure to do so may permit other persons having access to your computer to use your account. If you permit any person to use your user name and password, you shall be liable for all activity made by that person.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All information and content provided on this website, whether explicitly marked or not, is the property of Coyote, its subsidiaries, affiliated companies or joint partners, or others, and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by Coyote, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
The following is a non-exhaustive list of marks owned by Coyote: BAZOOKA, COYOTE, COYOTEWEB, COYOTE LOGISTICS, COYOTEGO, NO EXCUSES, EVERY HOUR. EVERY MINUTE. EVERY SECOND. and REAL. SMART. LOGISTICS.,
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, content or marks provided on this website in any form or by any means, or by any information storage or retrieval system for any commercial use, without the express written permission of Coyote. You may, however, copy, print or otherwise use the information, content or marks provided on this website provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, software, content or marks, except as specifically permitted in these terms and conditions or in a written instrument signed by Coyote, is strictly prohibited. You may not disassemble, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software or content contained herein.
Nothing contained in this website shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Coyote or any third party.
You are not permitted to create a hyperlink to any page or portion of this website or to frame any page or portion of this website without the prior written permission of Coyote.
Any use of the information, content or marks provided on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
We welcome your comments regarding Coyote. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications”) sent to Coyote shall be and remain the exclusive property of Coyote. Your submission of any such communications shall constitute an assignment to Coyote of all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. Coyote will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You use this website at your own risk. All information and content on this website is provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.
In no event will COYOTE, its subsidiaries, affiliated companies, joint partners or licensors be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this website or the information, content, documents or software thereof, even if Coyote, its subsidiaries, affiliated companies, joint partners or licensors are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy is to discontinue using this website.
Without limiting the above disclaimers, Coyote, its subsidiaries, affiliated companies, joint partners and licensors: (1) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this website or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Content posted on this website may describe goods and services that may not be available in certain jurisdictions. Inclusion of such content is not a representation or warranty by Coyote that such goods and services will be available to you. Contact a Coyote representative to ensure the availability of such goods and services in your jurisdiction.
This website may use hyperlinks as a convenience to you so that reference material, Coyote-related subject matter and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Coyote. Hyperlinks and references to other websites, including any Coyote-affiliated entity, do not constitute sponsorship, endorsement or approval by Coyote of the information, content, policies or practices of such linked or referenced websites. Coyote does not accept any responsibility for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.
Coyote has no obligation to update any information or content on this website. Accordingly, Coyote, its subsidiaries, affiliated companies, joint partners and licensors assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content provided on this website is done so at your own risk.
You warrant to Coyote that you will not attempt to gain unauthorized access to any services offered by Coyote or computer systems or networks connected to any Coyote server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Coyote. When using the website, you agree not to pretend to be someone else or to assume their identity.
Coyote controls its website (excluding linked sites) from its headquarters in Chicago, Illinois, United States of America and makes no representation that any content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such content is illegal is prohibited. By accessing this website, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws. Any claim relating to this website shall be litigated in the state or federal courts in Chicago, Illinois, and you hereby consent to the exclusive jurisdiction and venue of those courts. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of Coyote. Any failure or delay by Coyote in enforcing any of these terms or conditions shall not in any way affect, limit, or waive Coyote’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with Coyote. Absent a written agreement concerning the provision of goods or services by Coyote, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by Coyote.
By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.
When applicable, you further agree, as a condition of using this site, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.
Last revised: August 10, 2018
We take your trust seriously, and our goal is to safeguard your privacy while providing you with the best possible experience using our products and services. Coyote Logistics, LLC and its affiliated companies and properties, including its Netherlands affiliate, Coyote Logistics Nederland B.V. (collectively, “Coyote”), provide this notice explaining our information collection practices when customers inquire about, use or purchase our products and services, and when carriers, drivers, warehouse personnel and distributors inquire about or move loads for or do business with Coyote.
The Policy does not apply to Coyote employees or job applicants, or to information collected through the Coyote BazMo mobile app for Coyote employees. In addition, the Policy does not apply to any website owned and/or operated by or on behalf of any third party (including but not limited to the recruitment website operated by Ultipro), even if we provide a hyperlink to such website.
WHAT COYOTE COLLECTS
Personal Information about Customers
In the course of inquiring about or using Coyote’s products or services, or registering on or using our websites (or downloading the CoyoteHOWL mobile app), you may be asked for, among other things, the following Personal Information: your name, e-mail address, postal address, telephone number, fax number, business contact information and other registration information. Coyote may also request payment information that, in some cases, may constitute Personal Information. In addition, Coyote may obtain market data on customers and potential customers from third-party sources; this information may include limited Personal Information, such as contact details of company representatives.
Personal Information about Carriers/Drivers
In the course of inquiring about or moving loads, or registering on or using our websites (or downloading or using the CoyoteGO mobile app), you may be asked for, among other things, the following Personal Information: your name, e-mail address, postal address, telephone number, business contact information, docket information, carrier number, truck/equipment type; other registration information; insurance information; and service profile information. Drivers may use the CoyoteGO mobile app to submit images of paperwork such as invoices and bills of lading and to search for available load requests and to confirm load acceptance; this information may, in some cases, constitute Personal Information. Coyote also obtains basic carrier information from public or other third-party sources; this information may include limited Personal Information, such as contact details of carrier representatives, as well as carrier insurance information.
In addition, drivers provide status updates (including location information) about Coyote loads they are moving. Such status updates may be provided to Coyote by telephone calls, text messages, website entries, and/or (as further described below) through use of mobile phone tracking services.
Personal Information about Personnel of Warehouses/Distributors
Personnel of warehouse facilities used in connection with Coyote loads and of distributors of Coyote’s customers may be asked for the following Personal Information when they register on our websites: name, e-mail address, postal address, telephone number, business contact information, and other registration information.
Coyote may also collect certain technical information when you visit our web pages, including device information (such as the type of browser you are using, the type of operating system you are using, and regional and language settings), your Internet Protocol (IP) address and the domain name of your Internet service provider, aggregate data about the number of visits to a site or service, and/ or aggregate data about the pages visited. Where IP addresses are deemed Personal Information under local law, Coyote will treat this information as Personal Information. We may combine information we receive online with other information you have provided to us and with information from other sources to improve our knowledge of you, to help us provide quality service and to provide and customize our products and services. Where we combine non-personally identifiable online information with Personal Information, we will treat the combined information as Personal Information.
HOW COYOTE USES THE INFORMATION
Coyote uses the Personal Information it collects to provide its products and services to customers and for other legitimate business purposes, including:
- to respond to inquiries about our offerings;
- to coordinate with shippers, consignees, carriers, drivers, warehouses, distributors and other supply-chain participants on the dispatch and delivery of loads;
- to tender loads to carriers;
- to track and provide updates on the status and location of loads;
- to create and manage accounts (including online accounts);
- to process and collect payments and to make payments;
- to process claims received in connection with our services;
- to perform auditing, invoicing, and reconciliation activities;
- to provide customer support and respond to requests, questions and comments;
- to offer products or services that may be of interest;
- to communicate by email, mobile text (SMS) messaging, push notification, telephone call or other means;
- to ease use of our products and services and websites by eliminating the need to re-enter information;
- to display website content customized to customer interests and preferences;
- to assist us in the development of new products, services, website and apps and/or the improvement of our existing products, services, websites and apps;
- to obtain feedback and to support and enhance our sales, marketing and advertising efforts;
- to evaluate and improve our business operations and business intelligence, including our ability to address customer needs;
- to cooperate with government officials or parties in litigation under process of law or regulation, or as otherwise required or permitted by law;
- to comply with applicable law and our policies;
- to protect the security or integrity of our products or services, and/or to enforce the terms governing their use;
- to detect and protect against safety threats or destruction of property, including threats to our IT systems and other assets; and/or
- to detect and protect against fraud, criminal activity and other legal liabilities.
In addition, Coyote may use and store non-personally identifiable information, including anonymized and aggregated data, for various purposes, including, without limitation, to generate reporting and to improve the design and content of our products, services, websites and apps, and Coyote may share this data with third-parties.
MOBILE PHONE TRACKING AND CONSENT TO USE OF LOCATION DATA
Coyote makes available phone tracking services that carriers and drivers may use in order to provide location updates on the Coyote loads they are moving.
- Location Services Tracking – Drivers who download the CoyoteGO app (“CoyoteGO Users”) may opt-in to Location Services Tracking in order to allow Coyote to track loads they are carrying. Location Services Tracking also enables drivers to search more efficiently for new loads that are available from Coyote. If you opt in, CoyoteGO will provide Coyote regular updates on your location from load tender acceptance to delivery confirmation, using location data from your mobile phone. In order to opt in, you must enable location services for CoyoteGO in your phone’s system preferences. You may opt out of Location Services Tracking at any time through your phone’s systems preferences by disabling the CoyoteGO app from accessing your phone’s location data.
- Mobile Tracking Program – In some jurisdictions (presently, only the United States), Coyote makes available a Mobile Tracking Program which tracks your mobile phone using location data provided by third parties (including wireless carriers). The terms and conditions for using the Mobile Tracking Program, as well as opt-in and opt-out mechanisms, are further described in our Mobile Tracking Driver Location Service Terms.
Use of mobile phone tracking services is optional, and is based on your consent to such tracking. Drivers may provide location updates by other means, as noted above. CoyoteGO Users may use the app without opting into Location Services. In addition, non-CoyoteGO Users may opt-in to the Mobile Tracking Program (where available), as described below, but are not required to do so.
DISCLOSURE OF PERSONAL INFORMATION
In addition, Coyote may disclose Personal Information in connection with a sale of assets or if Coyote or a Coyote affiliate is acquired in whole or in part by or merged with another company.
ACCESS AND CHOICES
You may review and edit online contact details and certain other Personal Information you have provided when registering or using on our website. We encourage you to make sure your contact details and other Personal Information is up-to-date.
Coyote may send you communications by email, mobile text (SMS) messaging or push notification. You may opt out of such communications as described below. You may not opt out of mandatory service communications that are part of certain Coyote services and are necessary for the performance of such services. For customer care assistance with communications preferences, contact us here (make sure you select “Other”), or e-mail us at firstname.lastname@example.org.
Coyote may send emails to customers (including their employees) that promote the same kinds of products and services Coyote is presently providing them, or similar kinds of Coyote products and services that may be of interest to them. You may opt out from receiving further promotional emails by following the instructions included in these emails.
SMS Text Messaging
Certain Coyote services utilize SMS text messaging. For example, we may use text messaging for general service notifications. Before you receive any text messages from Coyote, you will be notified about our use of text messaging and asked for your consent. When you use these services you may be subject to messaging and data charges from your wireless carrier, depending on your wireless data plan and rates. Please note that carriers are not liable for delayed or undelivered messages.
To cancel receipt of text messages from Coyote, you may reply STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message received from Coyote.
To obtain help for the text messaging services associated with Coyote, you may reply HELP to any messages received from Coyote.
Participating Carriers in our text messaging service include, but are not limited to: nTelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless. Carriers are not
liable for lost or undelivered messages.
Push Notifications (CoyoteGO and CoyoteHOWL Apps)
Drivers using the CoyoteGO app and customers using the CoyoteHOWL app may receive messages from Coyote by push notifications delivered within the app. In order for CoyoteGO users to receive such notifications, push notification service must be enabled for the app concerned via the mobile phone’s system preferences. CoyoteGO users may opt out at any time by disabling the app from sending such notifications via the mobile phone’s system preferences. CoyoteHOWL users may set up and manage preferences within the app to receive push notifications about the progress of their loads.
You may incur data charges from your wireless carrier for push notifications, depending on your wireless data plan and rates.
Coyote has implemented technical and organizational security measures to help protect your Personal Information against the risk of loss or, alteration or unauthorized access, use or disclosure.
STORAGE AND RETENTION
Your Personal Information will not be stored for longer than is necessary for the purposes described in this Policy, or to otherwise meet legal requirements.
IP ADDRESSES AND COOKIES
QUESTIONS? CONTACT US
If you have questions about this Policy or about how Personal Information we collect is used by Coyote, please contact us.
Residents in the United States and North America may contact us at:
Coyote Logistics, LLC
2545 W. Diversey Ave. Chicago, IL 60647
United States of America
Residents in Europe may contact us at:
Coyote Logistics Nederland B.V.
De Schakel 14
5651 GH Eindhoven
Coyote Logistics Nederland B.V. is the controller of Personal Information collected from EEA residents:
Coyote Logistics Nederland B.V.
De Schakel 14
5651 GH Eindhoven
Legal Basis for Processing
Personal Information you provide through this website is transferred to our affiliates and service providers in the United States. In general, the United States has not been determined by the European Commission to provide an adequate level of data protection.
Personal Information that we provide to our affiliates in the United States is transferred pursuant to the European Commission’s Standard Contractual Clauses in order to ensure adequate protection of that information.
Data Subject Rights
If you are an EEA resident, you have rights as a data subject under applicable data protection law. You may exercise these rights, in accordance with applicable law, free of charge or (where warranted) for a reasonable fee. These rights include:
- the right to request access to your Personal Information
- the right to have your Personal Information corrected or erased or restricted
- the right to withdraw any consent you have provided to our processing of your Personal Information
- the right to object at any time on legitimate grounds to our processing of your Personal Information, including profiling
- the right to object at any time to our processing of your Personal Information for direct marketing purposes, including profiling
You may request to exercise these rights by contacting us as specified in the “Contact Us” section above. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights.
Please note that you also have the right under applicable data protection law to lodge a complaint about our processing of your Personal Information with a data protection supervisory authority
COYOTEGO END USER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE CLICKING OR PRESSING ON THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE COYOTE LOGISTICS, LLC MOBILE APPLICATION (THE “MOBILE APP”) ACCOMPANYING THIS AGREEMENT.
BY CLICKING OR PRESSING ON THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APP, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK OR PRESS ON THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APP TO WHICH THIS AGREEMENT APPLIES.
GRANT OF LICENSE.
Coyote Logistics, LLC grants you the right to install and use copies of the Mobile App on your computer or mobile device running a validly licensed copy of the operating system for which the Mobile App was designed (e.g. Windows Mobile, iOS, Android, etc.).
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the Mobile App.
Distribution. You may not distribute the Mobile App to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Mobile App or otherwise disassemble, reconstruct, discover, reuse or modify any source code or underlying algorithms thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. You may not rent, lease, or lend the Mobile App.
Support Services. Coyote Logistics, LLC may provide you with support services related to the Mobile App (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Mobile App and subject to the terms and conditions of this Agreement.
Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Mobile App.
Without prejudice to any other rights, Coyote Logistics, LLC may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or your Broker-Carrier Agreement. In such event, you must destroy all copies of the Mobile App in your possession.
All title, including but not limited to copyrights, in and to the Mobile App and any copies thereof are owned by Coyote Logistics, LLC and its licensors. All rights not expressly granted are reserved by Coyote Logistics, LLC and its licensors. The Mobile App includes software licensed from third party. © Telerik.
Coyote Logistics, LLC and its licensors expressly disclaim any warranty for the Mobile App. The Mobile App is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Neither Coyote Logistics, LLC nor its licensors warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Mobile App. Neither Coyote Logistics, LLC nor its licensors make any warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, spyware, malware, and/or other such computer program. Coyote Logistics, LLC and its licensors further expressly disclaim any warranty or representation to Authorized Users or to any third party.
NO USE WHILE DRIVING
The Mobile App is not to be used while driving nor in any other circumstance that puts you (or any driver you employ) at risk of injury. Under no circumstance will Coyote Logistics, LLC assume any responsibility for the consequences of driving decisions. By accepting this agreement, you hereby represent, warrant, and promise to Coyote that neither you, nor any driver you employ, will use the Mobile App while operating any motor vehicle.
NAVIGATION DATA OR INSTRUCTIONS
Navigation data or instructions provided by the Coyote App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury and/or property or environmental damage.
In addition, you are advised that Coyote provides navigation data or instructions only for convenience, and Coyote makes no guarantee as to accuracy. Navigation data and instructions do not necessarily take into account any of the following: (1) the height of the truck and/or load, (2) the presence of bridges both on or above the route, (3) the suitability of the route for a particular load or shipment, or (4) the size, paving, number of lanes, traffic conditions, or general road character and conditions.
Finally, by accepting this agreement you agree that if you feel that any directions or route requires you to perform an unsafe (as to persons or property) or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe or improper, then you will not follow such suggested directions or route.
LIMITATION OF LIABILITY
In no event shall Coyote Logistics, LLC or its licensors be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out your use of or inability to use the Mobile App, even if Coyote Logistics, LLC has been advised of the possibility of such damages.
In no event will Coyote Logistics, LLC or its licensors be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Neither Coyote Logistics, LLC or its licensors shall have any liability with respect to the content of the Mobile App or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree to indemnify and hold the Coyote Logistics, LLC harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach of this Agreement and any use of the Mobile App other than as expressly permitted herein; or (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity.
The foregoing indemnity obligations will survive any termination of the Agreement or your use of the Mobile App. Coyote Logistics, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Coyote Logistics, LLC, which may be granted or withheld in its sole discretion.
In addition, you understand that this Agreement does not replace, your Broker-Carrier Agreement. All of the terms, conditions, promises, and obligations contained in the Broker-Carrier Agreement shall continue without limitation herein. Where this Agreement may conflict with the Broker-Carrier Agreement, the Broker-Carrier Agreement shall prevail.
Any data provided to you via the Mobile App is for convenience only and shall not substitute for the regular paperwork required under the Broker-Carrier Agreement, by law, or otherwise.
COMMUNICATION WITH COYOTE
Use of the Mobile App is optional. In particular, using the Mobile App is for dispatch is not required, and you may contact Coyote by phone at any time. Further, using the Mobile App does not relieve you from your obligation to communicate with Coyote in the event that your trailer is over gross or you have difficulty making delivery or otherwise experience any kind of problem with any load or shipment.
GENERAL TERMS AND CONDITIONS
No Assignment. You may not assign this Agreement or otherwise transfer any rights or claims you may have hereunder, in whole or in part; any attempt to do so shall be void.
Severability. If for any reason a court of competent jurisdiction finds any provision of the terms herein to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable.
Compliance with Law. You will comply with all applicable laws, regulations and ordinances related to the transportation services your provide and your use of the Mobile App.
Governing Law. You agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, shall apply to all matters relating to this Agreement and your use of the Mobile App.
Any claim relating to this Agreement or your use of the Mobile App shall be litigated in the state or federal courts in Chicago, Illinois, and you hereby consent to the exclusive jurisdiction and venue of those courts.
MOBILE TRACKING DRIVER LOCATION SERVICE TERMS
Last revised: August 10, 2018
These terms (“Mobile Tracking Service Terms”) describe the Mobile Tracking Program offered by Coyote Logistics LLC (“Coyote”) in the United States. The program may be used by drivers who do not download the CoyoteGO app (“non-CoyoteGO Users”).
DESCRIPTION OF SERVICE
For the Mobile Tracking Program, Coyote requests your permission via the opt-in method described below to obtain the geographic coordinates of your mobile phone. Coyote uses this data to determine the city closest to the geographic coordinates but does not store the actual coordinates. We will use this location information to provide tracking updates for our customers. Once we have your permission, we may track your location one or more times each day in order to improve our service to our customers and to provide a better experience to you, our drivers. We will only use this service while you are carrying an active load for Coyote.
The Mobile Tracking Program uses location data provided by third parties, including wireless carriers. By opting in to the Mobile Tracking Program, you consent and permit your Cellular Provider to share your location with others. There is no representation, warranty or guarantee of accuracy, completeness or timeliness of any location data, product or service.
OPTING IN/OPTING OUT OF THE MOBILE TRACKING PROGRAM
Opt-in: You may opt in to the Mobile Tracking Program by calling your Coyote representative or by calling Coyote at 1-877-6-COYOTE x1 (1-877-626-9683 x1). You will be sent a text message requesting confirmation of opt-in.
Opt-out: You may easily opt out of the Mobile Tracking Program at any time by calling your Coyote representative or by calling Coyote at 1-877-6-COYOTE x1 (877-626-9683 x1) and requesting to have your number opted out. You can also opt-out while on an active load by sending a text message with the word STOP, END, QUIT, CANCEL or UNSUBSCRIBE to the short code 269683. After a 30-day period of inactivity, you will receive a text message reminder that you are opted into the Mobile Tracking Program. You can reply ‘Stop’ to opt out. You will be sent a text message confirming opt-out.
PROTECTING YOUR PRIVACY
USE OF TEXT MESSAGING
Certain Coyote services utilize text messaging. We use text messaging for privacy consent and general notifications. Before you receive any text messages from Coyote, you will be notified about the use of text messaging and asked for your consent. When you use these services, you may be subject to messaging and data charges from your wireless carrier, depending on your wireless data plan and rates. Carriers are not liable for delayed or undelivered messages.
To cancel receipt of text messages from Coyote, you may reply STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message received from Coyote.
To obtain help for the text messaging services associated with Coyote, you may reply HELP to any messages received from Coyote.
Participating Carriers in our text messaging service include, but are not limited to: nTelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless. Carriers are not liable for lost or undelivered messages.
For customer care, e-mail us at email@example.com.
YOU SHOULD NEVER TEXT AND DRIVE. YOU SHOULD ALWAYS FOLLOW ALL TRAFFIC SAFETY LAWS AND PAY ATTENTION TO DRIVING CONDITIONS.
For additional information, please call 1-877-626-9683 x1.
Effective Date: May 1, 2017
Cookies: how we use them How to control and delete Cookies List of main Coyote Cookies List of third-party Cookies
1. Cookies: How We Use Them
We use both session and persistent Cookies. Cookies can either be persistent (i.e., they remain on your computer or device until you delete them) or temporary (i.e., they last only until you close your browser).
We use first-party and third-party Cookies. First-party Cookies are used and controlled by us to provide services on the website. Third-party cookies are controlled by third parties, mostly for the purpose of analytics.
In particular, our websites uses the following categories of cookies:
- Strictly Necessary Cookies: These are Cookies which are needed to provide services and features you have specifically requested. We are not required to obtain your consent to Cookies that are strictly necessary.
2. How to Control and Delete Cookies
If you wish to restrict or block the Cookies that are set by Coyote, you can do this through your browser settings. The Help function within your browser should tell you how.
Alternatively, you may wish to visit aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete Cookies from your computer or device as well as more general information about Cookies. You may also opt out of the Cookies as indicated in sections 3 and 4 below.
Please be aware that restricting Cookies may have an impact on website functionality.
3. List of the Main Coyote Cookies
This is a list of the main Cookies that are set by the website, and a description of what each is used for.
4. List of Third-Party Cookies
Coyote may use suppliers who also set Cookies on our websites on its behalf in order to deliver the services that they are providing. Such suppliers and the Cookies that they use on our websites are listed below. If you would like more information about the Cookies used by these suppliers, as well as information on how to opt-out, please see their individual privacy policies and read the descriptions below.
RESPONSIBLE FOR THE TREATMENT OF PERSONAL DATA
COYOTE LOGISTICS DE MÉXICO, S.A. DE C.V., and Coyote Logistics, LLC. (hereinafter jointly identified as “COYOTE”), with domicile located at: Eugenia 189 Eje 5 Sur, Col. Narvarte Oriente, Ciudad de México, C.P. 03020, pursuant with the provisions of the Federal Law for the Protection of Personal Data held by Particulars (The Law) and its regulations, inform you that:
The personal data to be treated by COYOTE are: name, phone number and e-mail address, Federal Taxpayer ID, position, bank account information and location of devices during provision of services.
SENSITIVE PERSONAL DATA
COYOTE will collect and treat certain sensitive data. Such sensitive personal data is the one related with bank details.
COYOTE undertakes that personal data will be treated with strict security and confidentiality.
PURPOSE OF THE TREATMENT OF PERSONAL DATA
Personal Data held by COYOTE will be used for the following purposes:
a) Purposes necessary for the maintenance of service relationship with the owner of the data.
(i) Render or supply, or receipt of, goods and services. (ii) Compliance with Service Agreement and payment obligations, if applicable (iii) Support the information in the Service Agreement. (iv) Compliance with the applicable legal provisions. (v) Keep updated COYOTE’s records and files. (vi) Compliance with all the obligations derived from the relationship, including those provided by tax regulations and the ones derived from the service agreement, when applicable, even after the relationship has concluded. (vii) Coordination of payments, invoicing and collections.
b) Other purposes:
(i) Make invitations to activities and events; (ii) Marketing and advertising activities; (iii) Offer products and services, and (iv) Statistics and market analysis.
In the event that owners do not wish COYOTE to treat their personal data for the purposes set forth in the subsection b) above, they may express their denial by giving notice to the Responsible of Personal Data of COYOTE and, and sending an email to: firstname.lastname@example.org
The personal data can be transferred to any of the affiliates of COYOTE, service providers such as accountants, lawyers of COYOTE, third parties interested in investing, acquiring or participating in COYOTE ‘s activities, third party beneficiaries when a court order is issued. Transfers can be done in Mexican territory and abroad to COYOTE related companies.
Owner consent is not necessary when transfers are done to COYOTE‘s same corporate group, when transfers are necessary to comply with the obligations derived from the relationship with COYOTE, including those surviving the conclusion of the service relationship.
MEASURES TO PROTECT PERSONAL DATA
To prevent access and non-authorized use of personal data and to ensure that data is only used for the purposes established in this Privacy Notice, COYOTE has established physical, electronic and management methods to avoid the use or disclosure of the personal data, allowing COYOTE to treat it adequately.
MEANS TO PROMOTE ARCO APPLICATIONS
To begin with an ARCO Application, the owner of the Personal Data must submit an application addressed to the responsible to the address given at the beginning or to the email email@example.com. including the following information:
a) Name of the personal data owner. b) Address of the owner or address where the owner can be reached for an answer and follow up with the application. c) Document proving the identity of the data owner. d) Description of personal data to which an ARCO right is intended to be exercised. e) Any other element that allows identification of personal data regarding the application.
MECANISMS AND PROCEEDINGS FOR CONSENT REVOCATION
At any time the owners of personal data may express their denial for the treatment of their personal data by written notice sent to COYOTE‘s address or to firstname.lastname@example.org. In any case, said application must clearly detail the data or purposes for such denial.
OPTIONS AND MEANS TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA
The owners of personal data have the right to limit the use and disclosure of their personal data with a written request sent to COYOTE‘s address or to email@example.com.
The request will be answered in a maximum term of twenty calendar days, following the receipt of confirmation of the request and the response regarding the feasibility will be sent to the email given by the applicant for those purposes. The process is free, but not the copies and delivery of documents.
INFORMATION OBTAINED BY REMOTE OR LOCAL MEANS OF ELECTRONIC AND OPTIC COMUNICATION
Coyote collects and stores information by access to its website, information of IP address/ domain name, websites that refer to the site, behavior and time of stay in the website, pages navigated, tools used, zip code, type of navigator and operation system, among others.
Such information is obtained and stored with the purpose of mediating the activity in the website and identifying the tendencies of navigation that are not attributable to a specific individual.
Such information described above, is collected by the “cookies” as well as other means and technological mechanisms, such as pixel labels, web bugs, links in emails, web beacons (Internet labels, pixel labels and clear GIFs) among others.
AMENDMENTS TO THE PRIVACY NOTICE
COYOTE keeps the right to make amendments or updates at any moment to this Privacy Notice, in compliance with legal amendments, internal policies or new requirements. Such amendments will be notified through the following means:
a) Visible notice in COYOTE’s offices; b) Through email to the email address given by the owner; c) Communication from any officer of COYOTE.
It will be the owner’s responsibility to review this Privacy Notice and its amendments. The lack of expression of non-conformity on the part of the owner regarding the terms and conditions of this instrument represent adhesion, consent and authorization for such.
If you consider that your right to personal data protection has been harmed by any behavior of our staff or our actions, you can make us aware of that situation.
Last update: August 10, 2018.
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