10-4 Systems, Inc. (“10-4”) is a technology service that streamlines the actions of freight delivery, truckload, intermodal, either domestic or international.
10-4’s proprietary systems allow shippers, carriers, brokers, forwarders and cargo owners to arrange their own seamless freight deliveries.
As a Customer who engages our services, you agree to our TERMS AND CONDITIONS of use of our systems, without change or alteration, except as may be provided with our written permission.
10-4 is neither a freight carrier, freight forwarder, freight broker nor other type of transportation intermediary that requires licensing by a government agency. We simply and effortlessly – on your part – allow you to interact with others in the freight transport system that is so vital to our world economy, to your business and your bottom line. We do not have responsibility for the freight transaction itself. We introduce the participants.
AS TO RULES OF CARRIAGE
Each party to a transaction initiated by using 10-4 systems is obligated to arrange for rules and obligations for freight deliveries, either by direct contract, tariffs, or Bills of Lading. For example, a shipper may enter a contract with a carrier; or a freight broker may rely on the tariffs or Bill of Lading issued by a carrier. Agreements between you and others using 10-4 systems will always take precedence over anything to the contrary in these Terms and Conditions.
RATES AND CHARGES
Rates and charges for freight delivery are to be determined by you and the counter-party. 10-4 does not set or recommend rates or charges for any aspect of freight delivery; nor does it act in resolution of any charges or rates.
Generally, Truckload rates are negotiated rates for door-to-door services, with negotiations for “accessorial” charges such as load or unload charges, detention charges, equipment ordered but not used charges, or late delivery charges.
Flatbed, intermodal, over-dimensional or specialty freight may be based upon size or weight, road use permits or other commodity pricing, or specialty transport equipment and/or personnel.
Transit times are, generally, estimates only unless negotiations include terms for time definite services.
BILLS OF LADING
All bills of lading used by you or others involved in a transaction are non-negotiable and are governed by state or federal law. 10-4 does not prepare or issue bills of lading. However, if you or a counterpart to a transaction fails to complete or issue any documents necessary to complete the freight delivery, 10-4 may, at its discretion, complete or correct the document in order to facilitate the delivery. 10-4 shall not be liable to you or any counter-party or third persons for these actions on behalf of you or a counter-party.
You and your counterparts are responsible for compliance with all applicable laws and regulations, including but not limited to international or domestic customs laws, movement of hazardous materials, import and export restrictions and laws, and any regulation, law, ordinance of any municipality, state, local or federal U.S. agency that may apply to the freight delivery.
You and your counterparts warrant and guarantee each other and 10-4 that each of you has all necessary permits, licenses, documentation, tax stamps, permissions that may be required for the freight delivery.
Freight providers will be charged a Transaction Fee of $9.95 for every shipment transacted through the Marketplace. A transaction occurs when both parties to the shipment agree to work together by hitting the “Accept” button. In order to use 10-4 Systems products, you agree to undergo credit review by us or our agents. We reserve the right to deny access to 10-4 Systems products, for any reason, as exercised in our sole discretion.
In certain transactions, 10-4 may provide third-party billing services to the carrier. These transactions will show 10-4 invoicing for Freight Charges, as well as any applicable Transaction Fees. The freight provider shall pay 10-4 directly, Net 15, from date of delivery. Freight provider shall communicate any POD dispute within two (2) business days of receipt of POD. Any POD not disputed within this timeframe shall be deemed valid for the purposes of payment to 10-4.
A Truck Ordered, Not Used (TONU) fee may be charged to freight provider for any truck booked through 10-4 and not cancelled at least 24 hours prior to scheduled pickup time. TONU, other accessorial freight charges and shipment specific transportation terms shall be determined and agreed upon at time of negotiation.
Charges for using 10-4 Systems products are to be paid in U.S. Dollars and charges are due immediately upon receipt. Any payment not received with ten (10) calendar days of your receipt of our bill are subject to late charges of 2% per month, or partial month, or as may be permitted by applicable law. Overpayments by you do not accrue interest and may be refunded or credited to future charges against your account in our sole discretion.
If 10-4 retains an attorney or collection agency to collect from you any unpaid charges or for enforcement of these Terms and Conditions, you will pay our attorney fees, costs of collection and/or court costs. In addition, 10-4 shall have a lien on all freight involved in your transactions for outstanding balances due 10-4 until fully paid or released.
As to misidentified freight, commodity, size, weight or other quality of freight, 10-4 reserves the right to correct and re-invoice you for incorrect information if additional costs are incurred by the carrier to perform the freight delivery, as determined in 10-4’s sole discretion.
CLAIMS AND LIABILITY
As stated above, 10-4 does not assume any liability for the freight transaction between you and your counterpart. 10-4 does not participate in resolving freight damage or loss claims, as that is specifically controlled by your agreement with your counterpart, federal law or carrier tariffs. Carrier liability may also be governed under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 and 49 C.F.R. § 370, et seq., or by state law.
It is your responsibility to ascertain that the carrier or shipper will meet your transportation needs.
To use any of 10-4’s location services, you agree that you have the permission of each individual driver dispatched on loads to allow the system to obtain, report and retain their locations. You also agree to indemnify 10-4 for any claim, loss, suit, violation of laws or regulations of any jurisdiction arising from the use and retention of location data. 10-4 has no responsibility, control, or liability for any violations of privacy laws, regulations or common law, nor does 10-4 have any control over the retention and security of the data obtained thru this process.
CHOICE OF LAW AND VENUE
As a Customer who engages our systems for freight delivery, any dispute between you and 10-4 is subject to the laws of the State of Arizona, without regard to Arizona choice of law rules; and any action brought against 10-4 shall be brought in either the Superior Court of Arizona, in and for the County of Maricopa, or the U.S. District Court for the District of Arizona, Phoenix vicinage.
Before suit may be commenced, however, the parties to the dispute must submit the dispute to mediation by JAMS, and must fully and materially participate in a good faith effort to resolve the dispute. This is a condition precedent to any suit and must be accomplished before suit commences.
NO WARRANTIES FOR 10-4 SYSTEMS PRODUCTS
10-4 neither offers nor makes any warranty, guarantee, express or implied, as to its services or the services, agreements, obligations, safety or licensing by you or your counterpart. 10-4 neither offers nor makes any warranty of fitness or merchantability for any purpose regarding its services, website, freight deliveries, or transactions agreed upon or completed by or through 10-4’s services and in no event shall 10-4 be liable for any damages, special, incidental, consequential or punitive arising from in whole or in part from the use of 10-4 Systems services or products, whether or not 10-4 had actual or constructive knowledge that such damages may occur.
Last updated: February 14, 2017
10-4 Systems Inc. (“us”, “we” or “our”) operate the 10-4 Mobile application (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our 10-4 Mobile service.
Information Collection and Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, postal address (“Personal Information”). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
When you access 10-4 Mobile by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics (“Log Data”).
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase 10-4 Mobile’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of 10-4 Mobile, to improve and customize our service. You can enable or disable location services when you use 10-4 Mobile at any time, through your mobile device settings.
Use of Wireless Location Information
Use of Wireless Service Providers’ Names; Publicity
Customer or its Clients shall not publicly use wireless Service Provider’s name, trademarks, trade names, service marks or logos without prior written permission of the applicable wireless Service Provider.
Customer or its Clients shall not publicize the relationship with wireless Service Providers without the permission of the applicable wireless Service Provider including, without limitation, that a Customer Application, Client Application and/or LocationSmart Application (as applicable) is compatible with the wireless Service Provider’s network or devices.
The Service supports wireless location for subscribers of AT&T, Boost, Metro PCS, Sprint, T-Mobile, US Cellular, Verizon and Virgin and text messaging for subscribers of those Service Providers plus most Tier 2 and 3 US wireless Service Providers.
Compliance with Law, Policies, Industry Practices and Guidelines
Customer understands and agrees that Customer, its Clients and affiliated third parties may be subject to additional unanticipated obligations and legal requirements as a result of developing, distributing and/or use of location aware applications or services. Customer or its Clients will only access, use, copy, store and disclose Location Information as long as notice, consent and all other requirements have been satisfied and maintained. Customer, Clients and all Customer Applications and Client Applications will at all times comply with applicable laws, rules and regulations, industry practices, third-party guidelines and other relevant policies and requirements, including: (i) all applicable consumer protection, marketing, data security, export and privacy laws; (ii) Federal Trade Commission privacy initiatives; and (iii) the CTIA Best Practices and Guidelines for Location-Based Services. Customer will not allow Location Information of an End User to be accessed from outside the country in which the End User is subscribed for wireless service without the prior written consent of the End User’s wireless Service Provider.
Customer or its Clients will comply with all of the following as amended from time to time, as applicable:
- a. all applicable privacy, consumer protection, marketing and data security laws and government guidelines;
- b. if Customer Application or Client Application utilizes Location Information, the CTIA Best Practices and Guidelines for Location-Based Services currently located at https://www.locationsmart.com/cms/resources/ctia-lbs-best-practices-adopted-03-10.pdf;
- c. if Customer Application utilizes text messaging services, the Mobile Marketing Association best practices for cross-carrier mobile content programs (as applicable) located at http://www.mmaglobal.com/files/documents/best_practices_for_messaging_version_7.01.pdf;
Use and Storage of Location Information
Customer or its Clients may only use Location Information for the sole purpose of providing services as intended by End Users. Location Information shall not be accessed, used, copied, stored or disclosed for any other purpose without the explicit prior consent of End Users. Customer or its Client must delete Location Information immediately when it is no longer needed and provide a readily available means for End Users to delete stored Location Information. Customer or its Clients shall not: (a) collect or store any information delivered via the Service, other than temporary caching on the Customer or Client servers or End User devices, for purposes other than to determine the location of an End User device; (b) use automated scripts to access the Service without the express written permission of LocationSmart; or (c) otherwise mine or attempt to mine information delivered via the Service.
Privacy Safeguards and Considerations
Customer Application or Client Application must not be used to undermine End User privacy and should not allow unauthorized surveillance. To mitigate the risk of End Users being located without their knowledge and consent, Customer or its Clients must implement security measures and safeguards that protect End User privacy and safety. Depending upon the type, nature and sensitivity of the services provided through Customer Applications or Client Applications and the means by which these measures and safeguards can be implemented, it may be necessary for Customer or its Clients to encrypt sensitive data such as Location Information, use private networks to transmit such data, provide periodic notices to End Users, send reminder messages to End Users, and/or utilize audible, visual or other types of notifications as appropriate.
Customer or its Clients must carefully consider the safety implications of each location-based service and implement the appropriate safeguards to address the foreseeable risks.
Customer or its Clients must provide a resource for End Users to report abuse of the application and a process that can address that abuse in a timely manner.
Intended Recipients’ Use of Location Information
Where Location Information is disclosed to anyone other than End User, Customer or its Clients shall ensure that the recipient only receives Location Information when necessary with consent of End User, uses the Location Information only for the purpose for which it was provided, disposes of Location Information after use unless otherwise permitted by End User and takes measures to protect the Location Information against unauthorized access, use, copying, storage and/or disclosure.
Customer or its Clients must implement and maintain administrative, physical and technical safeguards that prevent any collection, use or disclosure of, or access to, End User information that this Agreement does not expressly authorize, including, without limitation, an information security program that meets the highest standards of best industry practice to safeguard End User information. The information security program will include, without limitation, (i) adequate physical security of all premises in which End User information will be processed or stored; (ii) reasonable precautions taken with respect to the employment of and access given to personnel, including background checks and security clearances that assign specific access privileges to individuals; and (iii) an appropriate network security program. The network security program will include, without limitation, (x) appropriate access controls and data integrity controls; (y) testing and auditing of all controls; and (z) appropriate corrective action and incident response plan.
Customer or its Clients shall implement and maintain administrative, physical and technical security controls to protect Location Information and the availability and integrity of Service Provider networks and services. Customer or its Clients shall design, develop, build, operate and maintain Customer Applications or Client Applications to sufficiently mitigate security threats, including: (i) unauthorized access; (ii) unauthorized changes; (iii) disruptions or denial of service; (iv) escalation of user privilege; (v) service fraud; (vi) improper disclosure of sensitive information; and (vii) degradations of service.
For Customer Applications or Client Applications that communicate over an Internet Protocol network, any network traffic shall have security controls to protect from threats, including, but not limited to, eavesdropping, data tampering and data collection.
No Customer Application or Client Application shall: (i) perform any functions or link to any content or use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services or to collect, disseminate, use, store or disclose information about End Users for any unauthorized purpose; (ii) disable, override or otherwise interfere with any Service Provider alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify End User that Location Information is being accessed, used, copied, stored or disclosed; (iii) be designed or marketed for automatic or autonomous control of vehicles, aircraft or other mechanical devices or emergency or life- saving purposes; or (iv) be designed, developed, marketed, distributed, offered or otherwise made available for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others or any other illegal or unethical purpose.
Information Security Vendor Assessments, Annual Security Audits & Visitation and Inspection Rights
If Customer or its Clients store Location Information of End Users for any period of time beyond that necessary for the provision or use of Customer Application(s), the following terms will apply to Customer or its Clients:
Information Security Vendor Assessment (“ISVA”). Wireless Service Providers of the associated End Users reserve the right to require Customer or its Clients to complete an ISVA process once per year, as described below. A Service Provider may require that additional security controls or mitigation plans be implemented and maintained by Customer or its Clients based on results of an ISVA.
Previous Security Audit. Prior to commercial use of the Services, Customer Platform or Client Platform shall have been subjected to an information security audit conducted internally or by an independent third party. Customer will provide LocationSmart the results of the most recent audit upon request for delivery to any requesting Service Provider. Any third-party or internal audits shall not have revealed any material vulnerabilities in the Customer Platform, Client Platform or any component thereof and to the extent that any such vulnerabilities were found to exist, Customer or its Client shall have fully remedied such vulnerabilities prior to commercial use of the Services.
Future Security Audits. Customer agrees that it will engage, and ensure that its Clients will engage, an independent third-party to perform no less than annual security audits of the Customer Platform or Client Platform, including any third-party data center(s) utilized by Customer or its Clients. Customer will provide LocationSmart the results of the latest audit within thirty (30) days of a request, including, without limitation: (i) whether the audit revealed any material vulnerability in the Customer Platform or Client Platform; and (ii) if so, the nature of each vulnerability discovered. If the audit reveals one or more material vulnerabilities, Customer or its Clients will correct each such vulnerability at its sole cost and expense and will certify in writing to LocationSmart that it has corrected all such vulnerabilities. Customer or its Clients must complete all vulnerability corrections within sixty (60) days of completion of the audit, unless the vulnerabilities by their nature cannot be corrected within such time in which case the corrections must be completed within a mutually agreed upon time.
Visitation and Inspection Rights. A Service Provider, or its authorized representatives, may at any time, upon reasonable notice, visit any or all locations of Customer Platform or Client Platform to inspect Customer Platform or Client Platform and to assess Customer’s or its Client’s performance of its obligations under this Section. For purposes of such an inspection, Customer will grant, and ensure that its Clients will grant, a requesting Service Provider and its representatives access, during normal business hours, to the Customer Platform or Client Platform and to all books, records, procedures and information that relate to Customer’s or its Clients’ performance under this Section, including, without limitation, any information Service Provider deems necessary to ascertain any facts that relate to Customer’s or its Clients’ performance hereunder. If: (i) a Service Provider determines in connection with any such inspection that Customer or its Client has failed to perform any of its obligations under this Section, and (ii) a Service Provider notifies Customer or its Client in writing of Customer’s or its Client’s breach of this Section, then Customer or its Client will, within ten (10) days, develop a corrective action plan in cooperation with the requesting Service Provider. Such plan will be subject to Service Provider’s approval in its reasonable discretion and Customer or its Client will promptly implement such plan at its sole expense. These inspection and corrective action rights supplement, and in no way limit, LocationSmart’s or Service Provider’s other rights in this Agreement.
Should such inspection request be denied, or should the inspection reveal flaws inconsistent with applicable policies, practices or procedures, the requesting Service Provider may terminate access to the Location Information of its subscribers at any time.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of 10-4 Mobile and we recommend that you leave them turned on.
Do Not Track Disclosure
We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate 10-4 Mobile, to provide the service on our behalf, to perform service-related services and/or to assist us in analyzing how our service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
Compliance with Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Your information, including Personal Information, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States of America and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United States of America and process it there.
Links to Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Last Updated: January 27, 2017
A. Description of Service
When using 10-4’s services, 10-4 Systems will request your permission to obtain your location using your mobile phone in order to offer load location and ETA information to the product shipper, broker and/or carrier. You will never be located without your consent and opt-in is via a network initiated SMS opt-in process. A message will be delivered to you from the SMS short code 84787 and you must reply “yes” to confirm your consent for location.
Supported carriers include AT&T, Boost, Metro PCS, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless and Virgin.
If you did not receive an opt-in request text message or you texted the word “YES” to the Short Code number 84787 and did not receive a response, it’s likely that your mobile phone carrier is blocking text messages from Short Codes. Short codes are non-standard phone numbers, and may also be known as Promotional Codes or Computer Generated Codes.
To fix this challenge, contact your mobile phone provider and ask that they enable your account to receive text messages from Short Codes. Make sure to inquire how long it will take for the change to be effective and to receive a text message.
B. Opting Out
You may opt out of load tracking by your mobile phone by replying “STOP” to 84787 or by calling toll free 855-489-2655 to opt-out. Also, an opt-out will be automatically triggered after completion of the load.
Message and data rates may apply. Reply HELP to 84784 for help. Reply STOP to 84787 to cancel. You will receive up to 3 messages per load.
C. Protecting your Privacy
Your location information will only be captured during the transportation of the load you are under contract to carry. You will be automatically opted out after 4 hours of the load delivery appointment, or after 48 hours from load pickup, if no delivery appointment information is provided. No location tracking duration shall exceed 5 days. After 5 days, you’ll automatically be opted out. Location data specific to that load, captured from your mobile device, may be retained for up to 5 days from load delivery, for the purposes of responding to or disputing any possible freight claims associated with the load. Thereafter, the latitude and longitude coordinates of your mobile phone obtained from your wireless carrier will be deleted.
D. Data Security
We’ve implemented technology and security features and strict policy guidelines to safeguard the privacy of your location information, including:
- Maintaining and protecting the security of computer storage and network equipment;
- Security procedures that require user names and passwords to access sensitive data;
- Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
- Limiting access to location information to only those with jobs requiring such access.
- Although we strive to keep your location information secure, no security measures are perfect, and we cannot guarantee that your location information will never be disclosed in violation of these terms (for example, as the result of unauthorized acts by third parties that violate the law).
E. Sharing of Information
Your mobile number, approximate location, and time of location will only be shared with the parties to the Transportation Agreement associated with the load being transported. We do not share your location information with any third parties. However, 10-4 has no responsibility, control, or liability for any violations of privacy laws, regulations or common law, nor does 10-4 have any control over the retention and security of the data obtained thru this process that is obtained by the vendor (LocationSmart) or shared with a party to the associated Transportation Agreement.
F. Contact Us
Toll free: +1 855 218 5770
Toll free: +1 855 218 5770