Skip to Main Content

FourKites Website and Partner Portal Terms of Use

Last Modified: July 15, 2022

 

Acceptance of the Terms of Use

These terms of use are entered into by and between You and FourKites, Inc. (“FourKites”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of fourkites.com (the “Website“) and the partner portal located at partners.fourkites.com (the “Portal” and collectively with the Website, the “FourKites Sites”), including any content, materials, functionality, user communities, and services offered on or through the FourKites Sites, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the FourKites Sites. By using the FourKites Sites, 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 FourKites Sites.

FourKites respects your privacy during your use of the FourKites Sites. The FourKites Partner Portal Privacy Notice and the FourKites Website Privacy Notice (collectively “Privacy Notices”) are readily accessible and describe our use of your personal information in connection with the FourKites Sites. We may update these Privacy Notices from time to time to accurately reflect any changes. If we make material changes to how we treat personal information, we will take appropriate measures to inform you, consistent with the significance of the changes we make.

The FourKites Sites are not intended for users who are under 18 years of age. By using the FourKites Sites, you represent and warrant that you are of legal age to form a binding contract with FourKites and meet all of the foregoing eligibility requirements. If you are under 18 years of age, you must not access or use the FourKites Sites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the FourKites Sites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the FourKites Sites.

Your continued use of the FourKites Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the FourKites Sites and Account Security

We reserve the right to withdraw or amend the FourKites Sites, and any functionality, user communities, service, or materials we provide on or through the FourKites Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the FourKites Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the FourKites Sites, or the entire FourKites Sites, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the FourKites Sites.
  • Ensuring that all persons who access the FourKites Sites through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, 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 the FourKites Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The FourKites Sites and its entire contents, features, and functionality (including but not limited to all information, software, materials, tools, documents, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FourKites, 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 or proprietary rights laws.

These Terms of Use permit you to use (a) the Website only for legitimate business purposes relating to your role as a potential or current partner, customer, supplier, or distributor of FourKites, and/or as a current user of the FourKites platform and/or mobile application(s) (“Website User”) and (b)the Portal only for legitimate business purposes relating to your role as a potential or current partner of FourKites who may refer potential customers to FourKites or assist in co-selling FourKites products to potential customers.(“Partner User”) and collectively with Website User, “Users”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our FourKites Sites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the FourKites Sites for your own personal use, consistent with the legitimate business purposes detailed above, and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, consistent with the legitimate business purposes detailed above, provided you agree to be bound by our end user license agreement or other terms and conditions for such applications.
  • If we provide links to view or download FourKites materials (including, but not limited to, one-pagers, infographics, case studies, solution demos, videos, marketing materials, or any other materials provided to you by FourKites (collectively, “Materials”), you may download the Materials for use consistent with the legitimate business purposes detailed herein, and under no circumstances may you share the Materials with any person or organization who is a competitor of FourKites. Furthermore, you may not edit the Materials or misrepresent FourKites products or services to any third parties. Notwithstanding the foregoing, if any Materials are provided to you by FourKites through the FourKites Sites (“Certification  Materials”), you may only use the Certification Materials for your internal personal use to learn and understand the FourKites products and services. You may retain a single copy of the Certification Materials, and under no circumstances may you share the Certification Materials with any person or organization. Furthermore, you may not edit the Certification Materials or misrepresent FourKites products or services to any third parties.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials, Materials or Certifion Materials from the FourKites Sites.
  • Use any illustrations, photographs, video or audio sequences, or any graphics from the FourKites Sites separately from their accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from FourKites Sites.

You must not access or use for any commercial purposes any part of the FourKites Sitesor any services, materials, Materials or Certifion Materials available through the FourKites Sites, except as expressly permitted under these Terms of Use.

If you wish to make any use of material on the FourKites Sites other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the FourKites Sites in breach of the Terms of Use, your right to use the FourKites Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made, shared or are in possession or control of. No right, title, or interest in or to the FourKites Sites or any content on the FourKites Sites is transferred to you, and all rights not expressly granted are reserved by FourKites. Any use of the FourKites Sitesnot expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The FourKites name, the terms FOURKITES, DYNAMIC ETA, CARRIERLINK, the FourKites logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FourKites or its affiliates or licensors. You must not use such marks without the prior written permission of FourKites, other than as permitted in these Terms of Use. All other names, logos, product and service names, designs, and slogans on the FourKites Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the FourKites Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the FourKites Sites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate FourKites, a FourKites employee, any other s, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To send, upload, or process in any other way (sensitive) personal data, such as biometrics and social security number.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the FourKites Sites, or which, as determined by us, may harm FourKites or Users or visitors of the FourKites Sites, or expose them to liability.

Additionally, you agree not to:

  • Use the FourKites Sites in any manner that could disable, overburden, damage, or impair the FourKites Sites or interfere with any other party’s use of the FourKites Sites, including their ability to engage in real-time activities through the FourKites Sites.
  • Use any robot, spider, or other automatic device, process, or means to access the FourKites Sites for any purpose, including monitoring or copying any of the material on the FourKites Sites.
  • Use any manual process to monitor or copy any of the material on the FourKites Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the FourKites Sites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the FourKites Sites, the server on which the FourKites Sites is stored, or any server, computer, or database connected to the FourKites Sites.
  • Attack the FourKites Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the FourKites Sites.

Contributions

The FourKites Sites may contain or provide access to message boards, chat rooms, forums, bulletin boards, user communities, and other interactive features (individually and collectively, “Interactive Services”) that allow:

  • Users to connect with one another and create connection groups (the “FourKites Community”), subject to the additional terms and conditions that apply to the FourKites Community.
  • Users and/or visitors to the FourKites Sites to post, submit, publish, display, or transmit to other Users, visitors to the FourKites Sites, or to us (hereinafter, “post”) questions, comments, content, feedback, or materials (collectively, “Contributions”) on or through the FourKites Sites.

Through the Interactive Services, Users and visitors to the FourKites Sites also may obtain additional information about our products and services.

All Contributions must comply with the Content Standards set out in these Terms of Use.

Any Contribution you post to the Interactive Services will be considered non-confidential and non-proprietary. You should not disclose any confidential information. By providing any Contribution on or through the FourKites Sites, including through the FourKites Community, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your Contributions do and will comply with these Terms of Use, and, for Contributions to the FourKites Community, with the additional terms and conditions that apply to the FourKites Community.

You understand and acknowledge that you are responsible for any Contributions you post or contribute, and you, not FourKites, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other Users or visitor of the FourKites Sites.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or visitors of the FourKites Sites or the public, or could create liability for FourKites.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights. We will only disclose your personal information as described in our Privacy Notices.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the FourKites Sites.
  • Terminate or suspend your access to all or part of the FourKites Sites, including the FourKites Community, for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, 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 posting any materials on or through the FourKites Sites. YOU WAIVE AND HOLD HARMLESS FOURKITES AND ITS 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.

However, we do not undertake to review material before it is posted on the FourKites Sites 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, visitor, or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all Contributions and use of Interactive Services, including without limitation the FourKites Community. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any Contribution violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of FourKites to terminate access to the FourKites Sites, including any the User accounts to the FourKites Community, of repeat infringers.

Reliance on Information Posted

The information presented on or through the FourKites Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the FourKites Sites, or by anyone who may be informed of any of its contents, including without limitation Users belonging to the FourKites Community or current or potential customers.

The FourKites Sites, including the FourKites Community, may include content provided by third parties, including materials provided by other visitors and/or Users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FourKites, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FourKites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the FourKites Sites

We may update the content on the FourKites Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the FourKites Sites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the FourKites Sites

To access the FourKites Sites or some of the resources it offers, you may be asked to provide certain registration details or other personal information. Our Privacy Notices describe the personal information we collect about you and how we use, protect and disclose your personal information when you interact with the FourKites Sites (including the FourKites Community).

Linking to the FourKites Sites and Social Media Features

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.

The FourKites Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the FourKites Sites.
  • Send emails or other communications with certain content, or links to certain content, on or through the FourKites Sites.
  • Cause limited portions of content on or through the FourKites Sites 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, 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:

  • Establish a link from any website that is not owned by you or your employer (and with the proper authorization from your employer).
  • Cause the FourKites Sites or portions of it, including the FourKites Community, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep-linking, or in-line linking.
  • Link to any part of the FourKites Sites other than the homepage.
  • Otherwise take any action with respect to the materials on the FourKites Sites 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.

Links from the FourKites Sites

If the FourKites Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in any advertisements, including any banner advertisements and any sponsored links. We have no control over the contents of those sites 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 the FourKites Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the FourKites Sites is based in the State of Illinois in the United States. We make no claims that the FourKites Sites or any of its content is accessible or appropriate outside of the United States. Access to the FourKites Sites may not be legal by certain persons or in certain countries. If you access the FourKites Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the FourKites Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our FourKites Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FOURKITES SITES OR ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED THROUGH THE FOURKITES SITES, INCLUDING WITHOUT LIMITATION THE INTERACTIVE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR ANY MATERIALS OR CERTIFIED MATERIALS DOWNLOADED FROM THE FOURKITES SITES.

YOUR USE OF THE  FOURKITES SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  FOURKITES SITES, INCLUDING WITHOUT LIMITATION THE INTERACTIVE SERVICES, OR ANY MATERIALS OR CERTIFIED MATERIALS IS AT YOUR OWN RISK. THE  FOURKITES SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  FOURKITES SITES, INCLUDING WITHOUT LIMITATION THE INTERACTIVE SERVICES, OR ANY MATERIALS OR CERTIFIED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOURKITES NOR ANY PERSON ASSOCIATED WITH FOURKITES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE  FOURKITES SITES OR ITS CONTENT INCLUDING ANY MATERIALS OR CERTIFIED MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER FOURKITES NOR ANYONE ASSOCIATED WITH FOURKITES REPRESENTS OR WARRANTS THAT THE  FOURKITES SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  FOURKITES SITES, INCLUDING WITHOUT LIMITATION THE INTERACTIVE SERVICES, OR ANY MATERIALS OR CERTIFIED MATERIALS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR  FOURKITES SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE  FOURKITES SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  FOURKITES SITES, INCLUDING WITHOUT LIMITATION THE INTERACTIVE SERVICES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOURKITES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FOURKITES, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE  FOURKITES SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE  FOURKITES SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless FourKites, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the FourKites Sites, including, but not limited to, your Contributions, any use of the  FourKites Sites’ content, services, and products, including without limitation any Materials or Certified Materials or the Interactive Services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the  FourKites Sites.

Governing Law and Jurisdiction

All matters relating to the  FourKites Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the  FourKites Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE FOURKITES SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by FourKites of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of FourKites to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Copyright Policy constitute the sole and entire agreement between you and FourKites, Inc. regarding the  FourKites Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the  FourKites Sites.

Your Comments and Concerns

The FourKites Sites is operated by FourKites, Inc., 110 N. Wacker Drive, Suite 4550, Chicago, IL 60606.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All privacy-related inquiries or requests should be directed to: [email protected]

All other feedback, comments, requests for technical support, and other communications relating to the  FourKites Sites should be directed to: [email protected].