Terms of use: Schneider FreightPower®
Carrier mobile application
These Terms of Use (the “Terms”) govern your use of the Schneider FreightPower Carrier Mobile Application (the “App”) from Schneider National Carriers, Inc. (and with its affiliates, “Schneider”). By using the App, you agree, on your own behalf and on behalf of the organization that you represent, to be bound by these Terms.
In order to make full use of the App, you need to register a user name with Schneider. If you are an administrator for your organization, you may be given the ability to register user names for your organization. You remain responsible for maintaining the confidentiality of your user name and password, and you remain responsible for all uses of the App with your user name. You agree to promptly notify Schneider of any unauthorized use of your user name with the App.
You are granted a limited, personal, revocable right and license to access and use the functionality of the App. Schneider reserves the right to terminate your access to the App at any time and for any or no reason. You may not remove or alter any notices in the App, distribute, make derivative works of, reverse engineer, decompile, or disassemble the App. You may not access the App for the purpose of building a similar or competitive service. You may not use any robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the App.
The App is intended to provide real-time information about loads available for delivery through Schneider’s brokerage division, and uses location data provided by your mobile device as a proxy for the location of the shipment that you are carrying, enabling Schneider and Schneider’s customers to track the locations of the shipments in real time. However, the information in the App may not be fully-accurate or up-to-date, and the App does not constitute either an offer or an acceptance to tender or carry any particular load; no binding transaction will take place, if at all, until issuance of Tender Document(s) by Schneider as set forth in the MTA (defined below).
Rates, accessorials, fuel surcharge (if applicable) and other charges (collectively, "Rates") shown on the App are based on the best available information at the time displayed. Any changes in shipment characteristics (including, without limitation, time of pick-up, time of delivery, weight, etc.) (collectively, “Changes”) may result in a change in the Rates. Rates provided in the App are for reference and informational purposes only. The Rate(s) to be paid by Schneider shall be as set forth in the Tender Documents issued to Carrier (in accordance with the terms of the MTA), subject to the Changes above. Schneider is not responsible for, and reserves the right to adjust, any errors in Rates, shipment characteristics, or information contained within the App. To the extent of any conflict between the Rates listed on the App and in the Tender Document(s), the Tender Document(s) shall control. In the event that a shipment is not delivered by you for any reason (including due to a cancellation by the shipper), you acknowledge that no Rates will be required to be paid to you, except that you may be entitled to a "vehicle requested by not used" payment as set forth in the accessorials identified on the App, if applicable. Any accessorials payable must be pre-approved by Schneider (as set forth in the Tender Documents).
Any loads for, and any claims arising out of or related to, carriage are subject to the terms of the separate Master Transportation Agreement (“MTA”) in place between your organization and Schneider National Carriers, Inc. and in the event of any conflict between these Terms and the MTA, the MTA shall govern.
THE APP IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” SCHNEIDER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT THE APP, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.
IN NO EVENT SHALL SCHNEIDER BE LIABLE FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE APP EVEN IF SCHNEIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL SCHNEIDER’S TOTAL LIABILITY FOR ANY CAUSE HEREUNDER AND REGARDLESS OF THE FORM OF ACTION EXCEED TWO HUNDRED DOLLARS ($200). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DO NOT ACCESS AND OR USE THE APP WHILE YOU ARE DRIVING. Any identified route in the App is a suggested route, proposed by your device. Please ensure that it makes sense to follow the proposed route.
