1. Acceptance of Terms of Service

By accessing and utilizing the carrierbeacon.com website, its associated products, and services (collectively, the "Services"), including any mobile applications or other platforms connected or linked to it (altogether, the "Website"), you, either as an individual or on behalf of an entity ("you" or “customer”), enter into a legally binding contract with ALPHATRAC, LLC, an Ohio Limited Liability Company. ("Company", "we", "us", or "our"). This contract is governed by these Terms of Service, which you acknowledge having read, understood, and agreed to be bound by. Should you disagree with these Terms of Service, you are explicitly forbidden from using the Website and must cease all use immediately.

Additional terms, conditions, or documents posted on the Website from time to time are incorporated by reference into these Terms of Service. We reserve the exclusive right to amend or update these Terms of Service at any moment and for any reason, with changes being indicated by an updated "Last Updated" date. By forgoing the right to specific notice of each change, you are responsible for regularly reviewing these Terms of Service to remain informed of updates. Any continued use of the Website after revisions to the Terms of Service constitutes your acceptance of the changes.

The information provided on the Website is not designed for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would be against the law or regulation, or that would subject the Company to any registration requirement within such jurisdiction or country. Therefore, individuals who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent applicable.

The Website does not conform to specific industry regulations like the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), and others. If you are governed by such regulations, the Website should not be used. Moreover, the Website must not be used in any manner that contravenes the Gramm-Leach-Bliley Act (GLBA).

We grant access to the Website and the right to create accounts at our discretion.

Attempts by ineligible businesses to establish accounts will be automatically blocked, preventing access to our platform. We permit account creation only for entities based in the United States or Canada, and for brokers with active authority from the FMCSA. We actively monitor for and block unauthorized access attempts, including those from data centers, proxy servers, anonymizing VPNs, SD-WANs, and foreign countries. The Website is intended for users who are at least 18 years of age; those under 18 are not allowed to use the Website.

Should you register and provide information about yourself and your company ("Registration Information"), you assert that all information provided is truthful, accurate, current, and complete, and you commit to maintaining its accuracy. Access to the Website and Services may require you to use account credentials ("Account"), potentially provided by an account administrator. You are responsible for all activities conducted through your Account.

You are obligated to keep your Account details and credentials secure and confidential, and to not share or create account credentials for anyone outside your company. Immediate notification to us is required for any suspected or actual unauthorized Account use. We may impose a $1,000 penalty for each unauthorized third-party access to your Account, at our discretion. A verifiable physical address, not a P.O. Box or virtual address, is required for Account maintenance.

We archive a variety of data sets, including proprietary information and data obtained from the FMCSA under subscription. The availability of FMCSA data is subject to their release schedules, which we do not control. We strive to update FMCSA data on our Website as promptly as possible, acknowledging that there may be delays or inaccuracies due to FMCSA's technical issues or data inconsistencies. FMCSA data is provided "AS IS," and we disclaim any liability for its accuracy, timeliness, or impact on your business or decision-making processes.

The decision to select motor carriers lies entirely with you, based on your discretion and judgment. We are not involved in, nor liable for, the selection or hiring process, the actions of the carriers you choose, or the outcomes of your decisions.

2. Modifications to the Platform and Offerings

Our platform and its offerings are under continuous development to enhance your experience. We reserve the right to modify, pause, or completely halt any aspect of our platform or offerings without prior notification. Should there be a significant modification that substantially reduces your ability to utilize the platform, you have the option to modify or cancel your subscription by submitting a written notice. Furthermore, we may set limitations or restrictions on certain offerings, features, or content, or limit your access to parts or the entirety of our platform and offerings at our discretion, without prior notice.

3. Ownership and Protection of Intellectual Property

We vigorously safeguard and uphold our intellectual property rights. The platform, unless specified otherwise, is our exclusive property. This encompasses all intellectual property related to trademarks, patents, trade dress, trade secrets, source code, data, databases, data compilations, functionality, software, schemas, file formats, copies, designs, systems, methods, processes, graphics, audio, video, text, photos, and images on the platform (hereafter referred to as the "Content") and any trademarks, service marks, and logos included (referred to as the "Marks"), which are either owned by, controlled by, or licensed to us. These are protected under the copyright and trademark laws of the United States, international copyright statutes, and global treaties.

The Content and Marks are made available on the platform "AS IS" for your personal use and information. Other than what is explicitly allowed in these terms, no part of the platform, nor any Content or Marks, may be copied, reproduced, compiled, republished, uploaded, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.

Subject to your eligibility, you are granted a limited license to access and use the platform and to download or print parts of the Content that you have rightfully accessed, solely for your personal, non-commercial use. We retain any rights not explicitly granted to you regarding the platform, the Content, and the Marks.

4. User Obligations

By accessing the platform, you affirm and guarantee that: (1) the information you provide is truthful, precise, up-to-date, and complete; (2) you will keep such information accurate and promptly update it as necessary; (3) you possess the legal capacity and agree to abide by these terms; (4) you are not under the legal age in your jurisdiction; (5) you will not use automated or non-human means to access the platform, including bots, scripts, etc.; (6) you will not use the platform for any unlawful or unauthorized purposes; and (7) your use of the platform will comply with all applicable laws and regulations.

Should you submit any false, inaccurate, outdated, incomplete, or offensive information, we reserve the right to suspend or terminate your account and deny any current or future use of the platform (or any part thereof) and services.

5. Account Registration

To join, you must complete a trial account application on the platform. We hold the right to reject any account application for any reason. Upon receiving a username and password for the platform, you agree to maintain their confidentiality and accept responsibility for all activities under your account. We may alter, reclaim, or replace your login information if we determine, at our sole discretion, that it fails to meet our security criteria or is inappropriate, offensive, or otherwise objectionable.

6. Fees and Payments

Joining involves a recurring monthly fee. Account upgrades may also be available for purchase through the platform. You agree to provide accurate, complete, and current purchase and account information for all transactions made through the platform. You also agree to promptly update your account and payment information, including your email address and payment card details, to facilitate your transactions and for necessary communications. Purchases made via the platform are processed through an online billing system. Sales tax may be applied to purchases as required by us. We reserve the right to change pricing at any time. All transactions are conducted in U.S. dollars.

You consent to pay all applicable charges or fees at the current rates, and you authorize us to bill your chosen payment method for such amounts. Your account is subject to automatic renewal fees, and you agree to our charging your payment method on a recurring basis without needing your prior approval for each charge, until you cancel. We reserve the right to amend any pricing errors or inaccuracies, even if payment has already been requested or received.

There will be no access to the platform until all charges and payments have been paid in full and posted to customer’s account.

7. Cancellation Policy

Either party shall have the right to terminate upon thirty (30) days written notice to the other. If you are unsatisfied or wish to cancel your account or modify certain services, please contact us. All charges are final and non-refundable. Cancellation becomes effective immediately. Post-termination access to accounts, certain services, and platform use are subject to our discretion.

8. Restrictions on Use

The Site is provided for your use only for purposes expressly permitted by us. It is not to be used for any commercial purposes not directly sanctioned or approved by us. Activities such as double brokering are strictly prohibited. Discovery of such practices will lead to immediate account termination and permanent denial of access to the Site and Services. Account details must remain confidential within your organization; sharing these details or enabling external access will result in immediate termination of your account.

By using the Site, you are committed to refraining from:

a. Extracting data or content from the Site systematically to form or compile, in any manner, a collection, compilation, database, or directory without our express written consent.

b. Bypassing or tampering with the security measures of the Site, including those designed to restrict copying of Content or enforcing use limitations of the Site and its Content.

c. Framing or linking to the Site without authorization.

d. Deceiving, defrauding, or misleading us and other users, particularly in attempts to gain sensitive information such as user credentials.

e. Misusing our support services or submitting false claims.

f. Utilizing the Site through automated means, including scraping, data mining, robots, or similar data collection and extraction tools, for purposes like sending automated messages or requests.

g. Overburdening or causing disruption to the Site’s infrastructure, networks, or services connected to the Site.

h. Impersonating another user or using someone else’s login information.

i. Using information from the Site to harass, abuse, or harm others.

j. Employing the Site for competitive ventures or for any commercial activities not approved by us.

k. Reverse engineering or attempting to decode any part of the Site’s software.

l. Circumventing any measures implemented to prevent or limit access to the Site or any section thereof.

m. Harassing, intimidating, or threatening any of our employees or agents involved in providing any part of the Site’s services to you.

n. Removing copyright or proprietary rights notices from any Content.

o. Replicating or modifying the Site’s software, including HTML, JavaScript, or other codes.

p. Distributing or attempting to distribute viruses, spam, or other disruptive communications, which includes excessive use of capital letters and repeated text, affecting the enjoyment of the Site by others or altering the functionality of the Site.

q. Using, developing, or distributing any automated system, including spiders, robots, or offline readers, that accesses the Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce using a conventional online web browser, not including typical search engine or browser usage.

r. Denigrating or causing harm to us or the Site, in our view.

s. Using the Site in any way that contravenes applicable laws or regulations.

Violating these guidelines constitutes a breach of the Terms and Conditions, leading to possible immediate account suspension or termination and a permanent ban from using the Site.

9. User Contributions

The Site may allow you to engage in discussions, post comments, participate in forums, and provide content, such as text, videos, photos, graphics, and other materials (collectively, "Contributions"), which may be accessible by other users and through third-party sites. As Contributions are potentially public, they should be considered non-confidential. By making Contributions, you assert that:

a. You hold or have obtained necessary copyrights, patents, trademarks, trade secrets, moral rights, or other proprietary rights for all Contributions, ensuring they do not infringe on third-party rights.

b. You possess the required permissions, rights, consents, and releases to authorize the use of these Contributions by us, the Site, and other Site users as intended within these Terms and Conditions.

c. You have obtained consent from identifiable individuals in your Contributions for the use of their likenesses as needed under these Terms and Conditions.

d. Your Contributions are truthful and not misleading.

e. Your Contributions are not unsolicited advertisements, promotional materials, or other forms of solicitation.

f. Your Contributions do not contain content that is obscene, violent, harassing, libelous, or otherwise objectionable, as determined by us.

g. Your Contributions do not demean, mock, intimidate, or abuse anyone.

h. Your Contributions do not promote violence or illegal actions.

i. Your Contributions comply with all applicable laws, rules, and regulations.

j. Your Contributions do not breach any third party's privacy or publicity rights.

k. Your Contributions are not harmful to minors in any way.

l. Your Contributions do not include prejudiced comments related to race, origin, gender, sexual preference, or physical disability.

m. Your Contributions do not breach these Terms and Conditions or any law or regulation.

Violating these provisions may lead to immediate account termination or suspension, along with a permanent ban from accessing or using the Site.

10. License for Contributions

When you submit your contributions to any area of our Site, you immediately give us a broad, unlimited, irrevocable, forever-lasting, non-exclusive, assignable, royalty-free, fully compensated, global permissionand license to host, use, copy, display, sell, republish, modify, archive, perform publicly, translate, distribute, and create derivative works from your contributions, including your image and voice, for any use, including commercial and advertising. This license extends to new forms, media, or technologies, encompassing the use of your name, business name, and any trademarks, logos, or images you provide. You relinquish any moral rights to your contributions and confirm no moral rights have been claimed in them.

We are not responsible for any claims or representations in your contributions on our Site. You bear full responsibility for your contributions and agree to absolve us from all liability, refraining from any legal claims against us regarding your contributions.

We reserve the right, at our sole discretion, to modify, move, or remove any contributions at any time without notice. We are not obligated to monitor contributions.

11. Review and Report Guidelines

Our Site may offer spaces for reviews and reports, which must adhere to specific criteria: reviews must be based on direct experience, avoid offensive language, not be discriminatory, not be posted by affiliates of competitors, avoid legal conclusions, be truthful, and avoid organizing biased campaigns. Reviews must be factual, not subjective.

We reserve the right to manage reviews at our discretion without any obligation to screen or remove them, even if considered objectionable or inaccurate by some. Reviews do not reflect our views or opinions. We are not liable for any reviews or their consequences. By posting a review, you grant us a perpetual, global, royalty-free license to use, modify, and distribute your review.

12. Submissions Policy

You acknowledge that any submissions to the Site (ideas, feedback, or other information) are not confidential and will become our exclusive property. We gain all rights, including intellectual property rights, to use and share these submissions freely for any purpose without acknowledgment or compensation to you. You waive any moral rights to these submissions and affirm they are your original work or you have the right to submit them.

13. Third-Party Websites and Content

Our Site may link to or feature content from third parties, including websites, articles, and multimedia, which we do not vet for accuracy or reliability. We are not accountable for the content or policies of these third-party sites or content. Engaging with third-party sites or content is at your own risk, and our terms no longer apply once you leave our Site. We do not endorse the offerings of any third-party sites, and you agree to hold us harmless from any damages arising from your dealings with such sites or content.

14. Advertising Partnerships

The site may, at its discretion, offer space for advertisers to present their ads and information in specific site sections. Advertisers assume full accountability for their advertisements placed on the site and for any services offered or products sold through those ads. Additionally, advertisers guarantee they have the necessary rights and permissions to publish their ads on the site, including intellectual property, publicity, and contractual rights. The inclusion of advertisers and their advertisements is subject to our approval.

15. Site Oversight

We hold the right, though not the obligation, to: (1) oversee the site for breaches of these Terms and Conditions; (2) undertake suitable legal action against anyone who breaches these terms or laws, as determined by us, which may include reporting to law enforcement; (3) at our discretion, reject, limit, or disable access to any user submissions or any part thereof; (4) remove or disable any content or files that are unduly large or burdensome to our systems; and (5) manage the site in ways that safeguard our interests and ensure its smooth operation.

16. Data Privacy

Your privacy and data security are important to us. Please familiarize yourself with our Privacy Policy. By using the site, you consent to the terms of our Privacy Policy, which forms part of these Terms and Conditions. Note that the site is hosted in the United States. Accessing the site from regions with different personal data laws implies your consent to transfer and process your data in the United States.

17. Agreement Duration and Termination

These Terms and Conditions are effective as long as you use the site. We may, at our discretion, terminate or restrict access to the site or block IP addresses without prior notice for any reason, including but not limited to violations of these Terms, warranties, or applicable laws. We may also delete your account and content at any time without notice.

Following any termination, you are barred from creating a new account under any name, real or assumed. We reserve the right to take legal steps, including civil, criminal, and injunctive redress, against violators.

18. Site Changes and Downtime

We may alter or remove site contents, or cease site operations or services without notice and at our discretion. We are not obligated to keep the site updated. Despite our efforts to ensure the site's availability, we cannot guarantee uninterrupted access. External factors or necessary maintenance may disrupt site services. We are not liable for any inconvenience or loss due to site unavailability. These Terms do not oblige us to maintain the site or to provide updates.

19. Applicable Law

The use of this Website and the Terms and Conditions that govern it are subject to and interpreted by the laws of the State of Ohio, without giving effect to any principles of conflicts of law.

20. Legal Proceedings and Enforcement

Should legal proceedings be necessary to enforce these Terms and Conditions or address any violations, you agree to cover all related enforcement expenses, including attorney fees and court costs.

Preliminary Discussions

To streamline the resolution and minimize the costs associated with any dispute, claim, or controversy arising from these Terms and Conditions ("Dispute" individually, and "Disputes" collectively), both you and we agree to engage in a preliminary informal negotiation of any Dispute for at least thirty (30) days before initiating any arbitration. This negotiation period begins with a written notification from one party to the other.

Mandatory Arbitration

Should the parties fail to settle a Dispute through informal negotiations, the Dispute will be settled exclusively and finally by binding arbitration. WITHOUT THIS AGREEMENT TO ARBITRATE, YOU WOULD POSSESS THE RIGHT TO LITIGATE IN COURT BEFORE A JURY. The arbitration process will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and, as applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both available on the AAA website at adr.org.

The allocation of arbitration fees and the extent of your financial responsibility will be determined by the AAA Consumer Rules and, where relevant, will be limited by these rules. Arbitration may occur in person, via document submissions, by phone, or online. The arbitrator's decision will be issued in writing and will only include a detailed explanation if requested by one of the parties. The arbitrator is bound by applicable law, and their award can be contested if it does not comply with these laws. Unless required differently by AAA rules or applicable law, arbitration will occur in Summit County, Ohio. The parties retain the right to seek judicial intervention to compel arbitration, halt proceedings pending arbitration, or to validate, amend, overturn, or enforce the arbitrator's decision.

Should arbitration not proceed, for any reason, and a Dispute is brought to court, such proceedings will be held in the state courts of Summit County, Ohio, or the federal courts of Summit County, Ohio. Both parties consent to and waive any objections to the jurisdiction and venue of these courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms and Conditions.

In the event any part of this arbitration agreement is deemed unlawful or unenforceable, neither party will choose to arbitrate any Dispute lying within the portion of this agreement found invalid. Instead, such Dispute will be resolved in the competent courts mentioned above, to which both parties hereby agree to submit for jurisdiction.

Limitations on Dispute Resolution

The Parties concur that arbitration shall be confined solely to the dispute between them as individuals. In accordance with the fullest extent allowed by law, it is agreed that (a) arbitration will not be consolidated with any other proceedings; (b) no dispute shall be eligible for arbitration on a class-action basis or employ class action procedures; and (c) disputes cannot be brought on behalf of the general public or any other individuals in any representative capacity.

Exclusions from Informal Negotiations and Arbitration

It is mutually understood that certain disputes will not fall under the previously mentioned conditions for informal negotiations and arbitration, specifically: (a) disputes aiming to enforce or question the validity of any Party's intellectual property rights; (b) disputes stemming from claims of theft, piracy, privacy breaches, or unauthorized usage; (c) any claims seeking injunctive relief, and (d), suits by Company for payment of any amounts due under this Agreement. Should any part of this clause be deemed unlawful or not enforceable, then such disputes will not be subject to arbitration under the invalid or unenforceable part, and, will instead be resolved within the jurisdiction of the designated courts, to which the Parties consent to submit.

21. Amendments and Corrections

The Site may display content that includes typographical errors, inaccuracies, or missing information, such as product descriptions, pricing, availability, and other details. We reserve the authority to amend any errors, inaccuracies, or omissions and to update information on the Site at any moment without prior notification.

22. Usage Disclaimer

The Site is offered "as is" and "as available," with the understanding that your use of the Site and our services is solely at your own risk. To the maximum extent allowed by applicable law, we renounce all warranties, whether express or implied, related to the Site and its use. This includes, but is not limited to, implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We do not guarantee the completeness or accuracy of the Site's content or of any sites linked to this Site, and accept no liability for (1) content inaccuracies or errors; (2) personal or property damage resulting from your Site access and use; (3) unauthorized access or use of our servers and/or any personal or financial information stored therein; (4) interruptions or cessation of transmission to/from the Site; (5) any malicious software transmitted through the Site by third parties; or (6) any content errors or omissions, or for losses or damages of any kind incurred through the use of content posted, transmitted, or otherwise made available via the Site. Furthermore, we do not endorse or guarantee any third-party products or services advertised or offered through the Site or any linked or featured websites, and are not party to or responsible for monitoring any transactions between you and third-party providers of products or services.

23. Liability Limitation

Under no circumstance shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, revenue loss, data loss, or other damages arising from your use of the Site. This applies even if we have been advised of the possibility of such damages. Notwithstanding any provisions to the contrary herein, our liability to you for any reason, and regardless of the action's form, will always be limited to the amount you have paid us during the one (1) month period before any cause of action arose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and disclaimers may not apply to you, and you might have additional rights.

24. Indemnification Clause

By using our services, you consent to protect, indemnify, and absolve our company, its subsidiaries, affiliates, officers, employees, agents, and partners from any claims, liabilities, costs, damages, or demands, including legal fees, brought by third parties as a result of: (1) your contributions to the site; (2) your utilization of the site; (3) any violation of these Terms and Conditions; (4) any failure on your part to uphold the representations and warranties outlined in these Terms and Conditions; (5) your infringement of third-party rights, notably intellectual property rights; or (6) any direct harm inflicted upon another site user with whom you interacted through the site. Despite the above, we hold the right to undertake the exclusive defense and management of any issue you are obliged to indemnify us for, at your cost. You are also expected to cooperate with our defense efforts at your own expense. We commit to promptly inform you of any such legal proceedings that fall under this indemnification clause, once we are aware of them.

25. Handling of User Data

We store certain data transmitted by you to the site to ensure its optimal performance, alongside data concerning your site usage. Despite conducting regular backups and maintaining disaster recovery protocols, you bear full responsibility for all data you send or generate through your use of the site. We shall not be held accountable for any data loss or corruption, and by agreeing to these terms, you relinquish any claims against us regarding such data loss or corruption.

26. Digital Communication and Agreements

Your interactions with the site, including sending emails and filling out online forms, represent digital communications. You agree to our sending of digital communications to you, which may include agreements, notifications, disclosures, and other information, via email or directly on the site. These digital communications fulfill any legal obligations for written exchanges. Furthermore, you consent to the use of digital signatures, electronic contracts, orders, and records, as well as the electronic delivery of notices and documentation for transactions initiated or completed through us or the site. You waive any legal rights or requisites in any jurisdiction that demand non-electronic signatures, non-electronic records, or non-electronic payment methods.

27. General Provisions

These Terms and Conditions, together with any policies posted on the site, constitute the full agreement between you and us, superseding all prior discussions and agreements (whether oral, written, or electronic) concerning the site and its services. Our failure to assert any right or provision under these terms does not waive that right or provision. These terms are enforced to the maximum extent permitted by law. We reserve the right to transfer our rights and obligations under these terms to others at any time. We are not liable for any losses, delays, damages, or failures to act that are beyond our reasonable control. Should any part of these terms be deemed invalid or unenforceable, the remaining provisions remain in effect. No joint venture, partnership, employment, or agency relationship is established between you and us through these terms or your use of the site. The terms are to be interpreted without bias against the drafting party, and you waive any defenses arising from the electronic nature of these terms and the absence of physical signatures from both parties.