Last Updated: June 15, 2020

Welcome to HAQM Freight. HAQM Logistics, Inc. and/or its affiliates (“HAQM”) provide website features and other products and services to you when you visit freight.haqm.com, use HAQM products or services, use HAQM applications for mobile, or use software provided by HAQM in connection with any of the foregoing (collectively, “HAQM Services”). HAQM provides the HAQM Services subject to the following conditions of use (these “Conditions of Use”). By using the HAQM Services, you agree to these Conditions of Use. Please read them carefully. In addition, when you provide any services to or on behalf of HAQM, you also will be subject to terms of service or other applicable agreements governing those services (the “Agreement”).

PRIVACY

Please review our Privacy Notice, which also governs your use of HAQM Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use HAQM Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails texts, mobile push notices, or notices and messages on this site or through other HAQM Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any HAQM Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HAQM or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HAQM Service is the exclusive property of HAQM and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of HAQM trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HAQM Service are trademarks or trade dress of HAQM in the U.S. and other countries. HAQM’s trademarks and trade dress may not be used in connection with any product or service that is not HAQM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HAQM. All other trademarks not owned by HAQM that appear in any HAQM Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HAQM.

PATENTS

One or more patents owned by HAQM may apply to the HAQM Services and to the features and services accessible via the HAQM Services. Portions of the HAQM Services may operate under license of one or more patents. Click here to see a non-exhaustive list of applicable HAQM patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use, HAQM or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make use of the HAQM Services for the sole and exclusive purpose for which the applicable HAQM Services were designed. This license does not include any resale or commercial use of any HAQM Service or its contents; any derivative use of any HAQM Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by HAQM or its licensors, suppliers, publishers, rightsholders, or other content providers. No HAQM Service, nor any part of any HAQM Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than those expressly contemplated under these Conditions of Use without the express written consent of HAQM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HAQM without express written consent. You may not use any meta tags or any other “hidden text” utilizing HAQM’s name or trademarks without the express written consent of HAQM. You may not misuse the HAQM Services. You may use the HAQM Services only as permitted by law. The licenses granted by HAQM terminate if you do not comply with these Conditions of Use.

YOUR ACCOUNT

You may need your own HAQM.com account to use certain HAQM Services, and you may be required to be logged in to the account and and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. HAQM reserves the right to refuse service, terminate accounts, terminate your rights to use HAQM Services, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

To the extent such functionality is present, authorized users may post reviews, comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. HAQM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HAQM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HAQM and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Conditions of Use and will not cause injury to any person or entity; and that you will indemnify HAQM for all claims resulting from content you supply. HAQM has the right but not the obligation to monitor and edit or remove any activity or content. HAQM takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

HAQM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

APP PERMISSIONS

When you use apps created by HAQM, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

SANCTIONS AND EXPORT POLICY

You may not use any HAQM Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using HAQM Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including HAQM Software), technology, and services.

OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). HAQM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE AMAZON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THE AMAZON SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES; AMAZON’S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any HAQM Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HAQM will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any HAQM Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HAQM.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition is deemed severable and will not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

HAQM.com, Inc.
P.O. Box 81226
Seattle, WA 98108-1226

ADDITIONAL AMAZON SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with HAQM Services (the “HAQM Software”).

1. Use of the HAQM Software. You may use HAQM Software solely for purposes of enabling you to use the HAQM Services as provided by HAQM, and as permitted by these Conditions of Use. You may not incorporate any portion of the HAQM Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the HAQM Software in whole or in part. All software used in any HAQM Service is the property of HAQM or its software suppliers and is protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the HAQM Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the HAQM Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the HAQM Software at any time and without notice to you.

5. Government End Users. If you are a U.S. Government end user, we are licensing the HAQM Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the HAQM Software are the same as the rights we grant to all others under these Conditions of Use.

6. Conflicts. In the event of any conflict between these Conditions of Use and any other HAQM or third-party terms applicable to any portion of HAQM Software, such as open-source license terms, such other terms will control as to that portion of the HAQM Software and to the extent of the conflict.

How to Serve a Subpoena

If you have a subpoena to serve on HAQM, please note that HAQM does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on HAQM.com, preferably by mailing the subpoena to Corporation Service Company (CSC), HAQM’s national registered agent. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):

HAQM.com, Inc.
Corporation Service Company
300 Deschutes Way SW, Suite 304
Tumwater, WA 98501
Attn: Legal Department – Subpoena

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for HAQM devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTIf you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information:

- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the site;

- Your address, telephone number, and e-mail address;

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HAQM’s Copyright Agent for notice of claims of copyright infringement on this site can be reached as follows:

Copyright Agent
HAQM.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@haqm.com

Courier address:
Copyright Agent
HAQM.com Legal Department
2021 7^th Avenue
Seattle, WA 98121
USA

Please note that this procedure is exclusively for notifying HAQM that your copyrighted material has been infringed.

PRIVACY NOTICE

HAQM knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

Please note that HAQM Logistics, Inc. operates this site and is a subsidiary of HAQM.com, Inc. or its affiliates (“HAQM”). If you have an account on www.haqm.com and an HAQM.com cookie, information gathered by HAQM Logistics may be correlated with any personally identifiable information that HAQM has and used by HAQM Logistics and HAQM to improve the services we offer.

As a subsidiary of HAQM, HAQM Logistics, Inc. follows the same information practices as HAQM, and information we collect is subject to the HAQM Privacy Notice. By visiting our site, you are accepting the practices described in the HAQM Privacy Notice.