Terms and Conditions

This web site is not operated by Landstar System, Inc. or any of its affiliated operating companies, including Landstar Transportation Logistics, Inc., Landstar Express America, Inc., Landstar Gemini, Inc., Landstar Inway, Inc., Landstar Ligon, Inc., Landstar Global Logistics, Inc., and Landstar Ranger, Inc. Landstar System, Inc. and its operating companies do not control the content of this web site and are not responsible for its accuracy or usefulness. For more information on Landstar System, Inc. or any of its affiliated operating companies, please go to Landstar System, Inc.’s official web site located at www.landstar.com.

Welcome to our site (the “Site”). The Site is operated by Momentum Transportation USA, Inc. (“Momentum”, “we” or” “us”) on its own behalf or on behalf of Momentum Affiliates. This document (the “Terms of Use” or the “Agreement”) establishes the terms and conditions governing your use of the Site. A “Momentum Affiliate(s)” is any entity that controls, is under common control with, or is controlled by, Momentum.

These Terms of Use, together with Momentum’s Privacy Policy, constitute a binding agreement between users of the Site (“you”, unless otherwise specified) and Momentum.

By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. You must agree to this Agreement in order to access or use the Site.

This Agreement contains the following provisions:

1. Your Acceptance of this Agreement.

This is an agreement between you and Momentum and governs your use of the Site, its contents and services. Each time you visit, browse, order goods through, purchase goods through, advertise goods through, access or otherwise use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.

Please read the Terms of Use carefully before you start to use the Site. By using the Site (or by clicking to  accept or agree to the Terms of Use when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

By accessing this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not have the legal authority to agree to and accept this Agreement, or if you are not authorized to agree to and accept this Agreement, or if you do not agree with the terms of this Agreement, then you may not use the Site.

2. Scope of this Agreement.

These Terms of Use only apply to your activities when using the Site or its contents.

These Terms of Use do not affect or amend the terms of any other contracts you have entered into or may enter into with Momentum or a Momentum Affiliate

3. Authority.

The content and services for this Site are based in the state of Florida in the United States and provided for access and use only by persons located in the United States, Canada and Mexico. You acknowledge that you may not be able to access all or some of the Site outside of the United States, Canada and Mexico; and that access to the Site outside North America may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. Accessing the Site in Canada or Mexico may afford you additional privacy protections. Please refer to the Privacy Policy for more information about your privacy rights in these countries

4. Changes to these Terms of Use.

We may modify, suspend or terminate the operation of the Site, as well as its content and offerings, in whole and/or in part, in our sole discretion, at any time and for any reason.

From time to time, Momentum may, in its sole discretion, for any reason and without any liability to you or any other person, change, supplement or amend these Terms of Use, or require that you agree to additional terms and conditions (the “Revised Terms”) in order to continue using the Site. Access to some areas of the Site may be limited to users who have been authenticated and granted permission by Momentum. Momentum reserves its right to revoke permission to access such areas of the Site for any reason.

You may be required to agree to Revised Terms in order for you to obtain permission to access some areas of the Site, using access credentials consisting of a User ID (defined below) and Password (defined below), access certain areas of the Site or utilize certain features or functions offered on the Site by Momentum. For example, certain portions of the Site may only be accessible to those who have met prerequisite Momentum business qualifications or to those situated in particular geographic locations. Momentum may require you to agree to Revised Terms before you are allowed to post information to the Site, participate in group discussions or business forums, enter sweepstakes and contests, engage in similar interactive activities or participate in commercial activities. Such Revised Terms are incorporated herein by reference and made a part of these Terms of Use.

These Terms of Use may only be modified in writing by an authorized officer of Momentum and they may not be modified orally or in writing by our Site’s customer service representatives or our employees. You may not change, supplement, or amend these Terms of Use in any manner.

You are responsible for checking for revisions to the Terms of Use each time you use the Site and, in any event, are bound to changes to this Agreement thirty (30) days after such changes have been introduced.

Any changes to the dispute resolution procedures set forth below in Governing Law and Venue shall not apply to any disputes that have been commenced prior to the changes to the Terms of Use taking effect.

5. Privacy Policy.

Please review Momentum’s Privacy Policy, which explains MOMENTUM’s practices relating to the collection, use, storage (if any) and disclosure of information (including personal information) you provide through use of the Site. The Privacy Policy is incorporated herein by reference and is a part of these Terms of Use. By using the Site, you are consenting to the Privacy Policy.

6. Site Ownership; Copyrights and Trademarks; Intellectual Property Rights.

Momentum, Momentum Affiliates and/or their licensors own the Site, its content, features, functionality and systems, including the copyright, and all rights to trademarks and service marks used on the Site, and all other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to Momentum, Momentum Affiliates or licensors.

This Site and its entire contents, data, software, code, features, functionality (including but not limited to all information, text, displays, images, video, audio and the design, selection and arrangement thereof) materials, processes, procedures, methods, techniques and any other content (collectively “Data and Information”), are owned by Momentum, Momentum Affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights (hereinafter “Intellectual Property Rights”). You acknowledge, understand, and agree that Momentum retains all Intellectual Property Rights in and to all Data and Information, excluding Data and Information that you may provide.

Momentum’s and other trademarks and service marks (many of which are registered in the United States and other countries) may appear on the Site from time to time, including, without limitation, Landstar, Landstar System, Landstar Express America, Express America, Landstar Global Logistics, Landstar Gemini, Landstar Inway, Inway, Landstar Ligon, Landstar Ranger, Landstar Connect, the Landstar star logo, the Landstar road logo, Landstar Maximizer, Maximizer, Landstar Clarity, Ask Max, LandstarOne, Landstar Accu-Rate, BCO, LCAPP, Orbit and the accompanying design, , L.E.A.D.S., LEADS, LOAD ALERTS, Roadstar, Roadstar Landstar’s Best, “The Road to Success”, “Power Buying. Buying Power.”, Mexico Made Simple, Simplificando Mexico, SavingsPlus and “Solutions in Motion” and U-TRAK (collectively, the “Landstar Trademarks”). Other product, service and company names appearing in the Site may be the trademarks of their respective owners, and are used by Momentum via license or under “fair use” principles. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. No right or license to use any of these trademarks is granted in these Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Momentum.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: Momentum Transportation USA, Inc, attn: , 4901 Belfort Road, #100 Jacksonville, FL 32256.

7. Limited License; Your Use of Site Data and Information; Monitoring.

Limited License: Subject to these Terms of Use and any further restrictions set forth in the Revised Terms, Momentum hereby grants to you a non-exclusive, limited, non-sublicensable, non-transferable, revocable license (“Limited License”) to access the Site and use the information, features, functions and content made available to you on the Site, solely in connection with Momentum-related or Momentum Affiliate-related business and not for purposes of competing with Momentum or the Momentum Affiliates or for any other purpose.

Use of Site Data and Information: With respect to information and content that is identified on the Site as available to you for downloading or printing, or is configured to enable you to download or print, you may download and/or print one copy and may only use it for the Momentum-related or Momentum Affiliate-related business purpose for which it was made available and not for purposes of competing with Momentum, a Momentum Affiliate, or for any other purpose. You are expressly prohibited from modifying any of the Site pages or other content and from removing or altering any visible or non-visible identification, marks, notices, or disclaimers in the content that you download or print from the Site.

Where access to portions of the Site is limited to those authenticated users with valid User IDs and Passwords, the license granted above with respect to those portions of the Site is applicable only to those authorized by Momentum to use a valid User ID (defined below) and Password (defined below).

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

(a) Link from your own or certain third party websites to certain content on this Site.

(b) Send emails or other communications with certain content, or links to certain content, on this Site.

(c) Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or  certain third party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(a) Establish a link from any website that is not owned by you.

(b) Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.

(c) Link to any part of the Site other than the homepage.

(d) Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

No other license or rights in the Site are granted by Momentum and all licenses and rights granted may be terminated or revoked by Momentum at any time at Momentum’s sole discretion. From time to time Momentum may, without notice, monitor your use of the Site, although Momentum is not obligated to do so.

Monitoring: We have the right to monitor your activity on the Site (both in public areas and limited access areas of the Site). We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing, using, and posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS AND IMMUNE MOMENTUM AND MOMENTUM AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Although we have the right to monitor your activity on the Site, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. User Account Access.

You are responsible for maintaining the security of information such as user identification (a unique identifier, email addresses or other combination of characters and numbers used to identify a user collectively referred to as “User ID”), codes and passwords (codes and passwords are collectively referred to as a “Password”) that you are given or adopt for purposes of accessing non-public portions of the Site. If you choose, or are provided with, a User ID, Password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your User ID, Password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User ID and/or Password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Password or other personal information.

Momentum, from time-to-time, may require you to change your Password. Momentum reserves the right to enforce specific password requirements (e.g. length or specific character and/or number requirements), although Momentum is not obligated to do so.

Momentum may require you to select a security question and supply an answer (collectively Security Question). Your Security Question is user-selected and must be kept confidential. Momentum, from time-to-time, may require you to select a new Security Question, although Momentum is not obligated to do so.

Momentum may require you to provide certain information such as your FID, Agency, Tractor, or Momentum Carrier ID prior to granting access to non-public areas of the Site. You agree that any information you provide to Momentum will be true, accurate, current and complete and your failure to provide true, accurate, current, and complete information is a breach of these Terms of Use. You (or your employer, if you use the Site on behalf of your employer) are solely responsible and liable for any use and misuse of your User ID and Password and for all activities that occur under your User ID and Password. You must ensure that all uses of your User ID and Password comply with these Terms of Use.

You must immediately notify Momentum at UPDATE of any unauthorized use of your User ID or Password, or if you know or suspect that your User ID and/or Password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

You agree to respond promptly to any communications from Momentum regarding your use of the Site, your User ID and your Password.

All User ID and Passwords remain the property of Momentum and may be cancelled or suspended at any time by Momentum without any notice or liability to you or any other person. Momentum is not under any obligation to verify the actual identity or authority of the user of any User ID or Password.

THE SECURITY AND PRIVACY PROVIDED BY AN USER ID, PASSWORD, SECURITY QUESTION AND OTHER SECURITY INFORMATION IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF ANY ACCESS FEATURES AND SECURITY INFORMATION IS AT YOUR OWN RISK.

9. Momentum Confidential Information.

Certain information appearing on the Site may be, and may be identified as, Momentum confidential information. Momentum confidential information is all information that is marked as confidential or that ought reasonably to be deemed to be confidential, including without limitation contact information for Momentum’s or Affiliates , information about , Affiliates and their respective agents’ safety procedures and systems, information about particular loads, information regarding and Affiliates’ services, products, customers, customer lists, bookkeeping, written contracts and agreements, rates, compensation or techniques, and additional non-public information that is accessible only via Passwords. You agree only to use confidential information as expressly permitted in these Terms of Use and as further restricted by any Revised Terms. In addition, you agree only to use such confidential information in connection with your related or Affiliate-related business, for no other purpose, and not to compete with or Affiliates. Upon request, you will immediately return or destroy all such confidential information in your possession and make no further use thereof.

10. Third Party Products and Services.

From time to time, the Site may contain information about third party products and services. For example, may arrange for discounts to be provided on certain third party products and services, third party products and services may be advertised on the Site, and third party products and services may be sold on the Site. With respect to all such third party products and services, you should be aware that they are not being provided by and is not responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you do so at your own risk and you should carefully evaluate them and the terms upon which you are purchasing them.

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Load Information.