Last revised: December 1, 2019
These terms (“Mobile Tracking Service Terms”) describe the Mobile Tracking Program offered by TurnStone Logistics LLC (“TurnStone”) in the United States. The program may be used by drivers who do not download a TurnStone mobile app.
Use of the program is optional, and is based on the consent of the driver. Drivers may provide location updates on TurnStone loads they are carrying by other means, including use of mobile phone location services, website entries, telephone call, and text messaging, as noted in our Privacy Policy.
In order to use the Mobile Tracking Program, you must opt-in. Instructions are provided below. By opting in, you consent to our use of your location data in accordance with these Mobile Tracking Service Terms and the terms of our Privacy Policy.
As part of your use of the Mobile Tracking Program, you may receive communications such as emails, text (SMS) messages, and/or telephone calls to your cell phone number. By using the Mobile Tracking Program, you consent to receive such communications unless you opt-out.
DESCRIPTION OF SERVICE
For the Mobile Tracking Program, TurnStone requests your permission via the opt-in method described below to obtain the geographic coordinates of your mobile phone. TurnStone uses this data to determine the city closest to the geographic coordinates but does not store the actual coordinates. We will use this location information to provide tracking updates for our customers. Once we have your permission, we may track your location one or more times each day in order to improve our service to our customers and to provide a better experience to you, our drivers. We will only use this service while you are carrying an active load for TurnStone.
The Mobile Tracking Program uses location data provided by third parties, including wireless carriers. By opting in to the Mobile Tracking Program, you consent and permit your Cellular Provider to share your location with others. There is no representation, warranty or guarantee of accuracy, completeness or timeliness of any location data, product or service.
OPTING IN/OPTING OUT OF THE MOBILE TRACKING PROGRAM
Opt-in: You may opt in to the Mobile Tracking Program by calling your TurnStone representative or by calling TurnStone at 1-800-820-3990. You will be sent a text message requesting confirmation of opt-in.
Opt-out: You may easily opt out of the Mobile Tracking Program at any time by texting STOP or HIDE to 800-820-3990 to end the current tracking session. You will be sent a text message confirming opt-out. If you have any problems opting out of the Mobile Tracking Program, you may call your TurnStone representative or call TurnStone at 1-800-820-3990 and requesting to have your number opted out.
PROTECTING YOUR PRIVACY
For further information on TurnStone’s uses and disclosures of Personal Information, including location data processed in connection with the Mobile Tracking Program, please view our Privacy Policy.
USE OF TEXT MESSAGING
As part of your use of the Mobile Tracking Program and other TurnStone services, you may receive text (SMS) messages. We use text messaging for various purposes, including to request confirmation of consent to track and general notifications. By using the Mobile Tracking Program, you consent to receive such text (SMS) message communications unless you opt-out. To cancel receipt of text messages from TurnStone related to the Mobile Tracking Program, you must first text STOP or HIDE to 800-820-3990 to end the current tracking session and then text STOP again to opt-out of receiving text messages. You may also cancel receipt of text messages from TurnStone related to the Mobile Tracking Program by calling 800-820-3990 to speak with a Service Desk associate. You may opt out of receiving text messages at any time by calling your TurnStone representative or by calling TurnStone at 1-800-820-3990 and requesting to have your number opted out.
When you use these services, you may be subject to messaging and data charges from your wireless carrier, depending on your wireless data plan and rates. Participating Carriers in our text messaging service include, but are not limited to: nTelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless. Carriers are not liable for delay, lost, or undelivered messages.
For customer care, e-mail us at it@turnstonelogistics.com.
YOU SHOULD NEVER TEXT AND DRIVE. YOU SHOULD ALWAYS FOLLOW ALL TRAFFIC SAFETY LAWS AND PAY ATTENTION TO DRIVING CONDITIONS.
CONTACT US
For additional information, please call 1-800-820-3990.
ARBITRATION AGREEMENT
Any dispute, claim, or controversy arising out of or relating to (a) these Mobile Tracking Service Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Mobile Tracking Program will be settled on an individual basis by binding arbitration between you and TurnStone, and not in a court of law. You acknowledge and agree that you and TurnStone are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and TurnStone otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TurnStone each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement will be deemed void. Except as provided in the preceding sentence, this Arbitration Agreement will survive any termination of these Mobile Tracking Service Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Arbitration Agreement and related terms and conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Mobile Tracking Service Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Illinois.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Commercial Demand for Arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and TurnStone otherwise agree in writing, the arbitration will be conducted in the county where you reside. Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in the state or federal courts in San Antonio, Texas, and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.