ArcBest Mobile App End User License Agreement

This ArcBest Mobile App (“App” or “Application”) End User License Agreement (“Agreement”) is between you (“You”) and ArcBest II, Inc. (“ArcBest”) and governs use of this Application. The download, installation and usage of this Application is entirely voluntary and is not a requirement to do business with ArcBest.

By installing the Application, You agree to be bound by this Agreement. If You do not agree with the terms and conditions of this Agreement, you are not entitled to use Application.

Limited License

The Application is licensed, not sold. You do not own, in part or in whole, the Application. Subject to your compliance with the Agreement, ArcBest hereby grants You a limited, personal, revocable, non-exclusive, non-transferable license to: (i) download or otherwise copy the Application or its content onto your wireless device, and (ii) access and/or use the Application (in object code form only) on such wireless device in order to access and use the Application as made available and permitted by ArcBest at its sole and absolute discretion.

You agree to comply with all applicable laws, rules, and regulations in connection with your access and use of the Application. The Application may not be used while operating a vehicle. ArcBest is not liable due to any claim arising from your use of the application while operating a vehicle. In addition, You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application.

Limited Liability; Waiver

Under no circumstances will ArcBest be liable to You for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Application or its content; (c) user content; (d) your use of, inability to use, or the performance of the service or Application; (e) any action taken in connection with an investigation by ArcBest or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Application’s operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if ArcBest has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service). In no event will ArcBest be liable to You, any user, or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

Mobile Network Charges

ArcBest is not responsible or liable for your mobile phone or mobile network. Your mobile phone carrier’s normal rates and fees, including but not limited to, text messaging and data charges, will still apply.

Using a Hand-Held Mobile Telephone

Your use of the Application is an acknowledgment that you understand and are required to abide by all applicable law when utilizing the Application, including, but not limited to, 49 CFR § 392.82 which states the following (Please note: “CMV” is defined as “commercial motor vehicle”):

(a)(1) No driver shall use a hand-held mobile telephone while driving a CMV.

(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.

(b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway, and has halted in a location where the vehicle can safely remain stationary.

(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

Privacy Policy

The Application may request or collect certain limited information about You when use the Application. Such information includes, but is not limited to, your email address, cell phone number, location and device information, including, but not limited to, technical information about your device, system, and application software (collectively “Personal Information”). The Application may also collect information regarding what content You send through the Application and who You send it to (“Transmission Data”). The Application may also use cookies, other passive or active tracking mechanisms, and tools to collect information in order to facilitate your use of the Application. Furthermore, ArcBest may collect aggregated non-personal data from all users of the Application relating to, for example, the number of transactions processed through the Application (“Aggregate Data”). ArcBest will only use the Aggregate Data to assess the overall use of the Application by users in order to determine how the Application is being used and how it and other products and services can be improved.

ArcBest may share Transmission Data and Aggregate Data with third party business partners who assist ArcBest in providing its products and services provided ArcBest will not provide such third-party business partners with your Personal Information without your consent. Furthermore, ArcBest may share Transmission and Aggregate Data if ArcBest believes it is necessary to comply with any court or governmental orders or directives, legal proceedings, any other legal requirements or orders, or if ArcBest believes it is otherwise necessary to protect ArcBest’s rights or property interests.

Location Tracking

As part of your use of the Application, ArcBest may request or collect certain information regarding your location. This location information is used for shipment pickup and delivery estimates as well as to provide assistance with pickup and delivery locations. You have the option to enable and disable location tracking through your phone’s settings while You have the Application downloaded. If location tracking is disabled certain aspects and/or functionalities of the Application may be disabled or unusable.

Termination

ArcBest reserves the right to terminate your access to the Application at any time for any and no reason and without notice to You. Upon termination of your license to use the Application, ArcBest shall have no liability to You or any further obligations under this Agreement. ArcBest also reserves the right to suspend, discontinue, enhance, update, or otherwise modify the Application at any time without notice and your continued use of the Application thereafter shall constitute your acceptance of such modifications.

This Agreement may be amended from time to time and You agree to be bound by the current

Agreement in effect at the time You use the Application. You are not permitted to use this Application unless You or the owner of your truck is under a separate written leasing agreement with ArcBest and is in an active status.

License Attribution

This software contains unmodified binary redistributions for UserDialogs, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/tkouba/UserDialogs.WPF/blob/main/LICENSE.md

This software contains unmodified binary redistributions for AutoMapper, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/AutoMapper/AutoMapper/blob/master/LICENSE.txt

This software contains unmodified binary redistributions for Android Support Components, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/xamarin/AndroidSupportComponents/blob/master/LICENSE.md

This software contains unmodified binary redistributions for .NET Standard, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/dotnet/standard/blob/master/LICENSE.TXT

This software contains unmodified binary redistributions for Newtonsoft.Json, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md

This software contains unmodified binary redistributions for Prism.Plugin.Popups, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/dansiegel/Prism.Plugin.Popups/blob/master/LICENSE

This software contains unmodified binary redistributions for Prism.Unity.Forms, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://www.nuget.org/packages/Prism.Unity.Forms/8.0.0.1909/License

This software contains unmodified binary redistributions for SkiaSharp, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/mono/SkiaSharp/blob/main/LICENSE.md

This software contains unmodified binary redistributions for SQLite.Net.PCL, which is licensed under Copyright (c) 2009-2012 Krueger Systems, Inc. Copyright (c) 2013 Øystein Krog. An original copy of the license agreement can be found at https://github.com/oysteinkrog/SQLite.Net-PCL/blob/master/license.md

This software contains unmodified binary redistributions for Xamarin.AndroidX.MediaRouter, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://www.nuget.org/packages/Xamarin.AndroidX.MediaRouter/1.2.2.1/License

This software contains unmodified binary redistributions for Xamarin.Essentials, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://www.nuget.org/packages/Xamarin.Essentials/1.6.1/License

This software contains unmodified binary redistributions for Xamarin.FFImageLoading, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://raw.githubusercontent.com/luberda-molinet/FFImageLoading/master/LICENSE.md?_sm_au_=iVVqfrrwQqrQn0RSqG1svK6k6cq41

This software contains unmodified binary redistributions for appcenter-sdk-dotnet, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/microsoft/appcenter-sdk-dotnet/blob/master/license.txt

This software contains unmodified binary redistributions for Xamarin-range-slider, which is licensed under a MIT License (MIT) license (c) .NET Foundation. An original copy of the license agreement can be found at https://github.com/halkar/xamarin-range-slider/blob/master/LICENSE