This Website and App is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website and App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and App.
BY ACCESSING THE LOADWATCHER.COM WEBSITE AND/OR DOWNLOADING THE LOADWATCHER.COM APPLICATION ON YOUR MOBILE DEVICE AND PRESSING THE BUTTON TO ENABLE LOADWATCHER.COM’S SOFTWARE ACTIVATION OF THE SERVICE AS DESCRIBED BELOW, YOU WILL ENTER INTO THIS AGREEMENT WITH LOADWATCHER.COM AND BE BOUND BY ITS TERMS AND CONDITIONS PRESENTED BELOW WITHOUT CHANGE AND YOU CONSENT TO HAVE THIS AGREEMENT PROVIDED TO YOU IN ITS PRESENT ELECTRONIC FORM.
WHAT IS THE SERVICE
The services offered on or through the Website and App (the “Service”) allow drivers, motor carriers, and shippers registered (“registered users”) to the LoadWatcher.com Website and App to upload information to, and access information from, the Website and App to facilitate their freight transactions by, among other things, allowing registered users to share information regarding potential freight transactions, negotiate their individual freight contracts, and facilitate the delivery process by tracking the movement of the freight, and providing a method of confirming delivery, and maintaining the bill of lading, invoices, and other shipping documents. Additionally, the Service provides for tracking information on the location of the freight on the drivers’ device(s), and communication of that tracking information to registered motor carriers and shippers associated with the individual freight transactions.
LOADWATCHER.COM IS NOT ACTING AS A MOTOR CARRIER OR A FREIGHT BROKER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTUED TO IMPLY LOADWATCHER.COM IS ACTING AS A MOTOR CARRIER OR A FREIGHT BROKER. A “motor carrier”, as used in these Terms, means any motor carrier or trucking company, including a motor carrier as defined by 49 USC § 13102(14) with authority issued by the federal and applicable state governments or a motor carrier with authority issued by any other applicable governmental authority. A “freight broker”, as used in these Terms, means any freight broker, including a “broker” as defined by 49 USC § 13102(2) with authority issued by the federal and applicable state governments or authority issued by any other applicable government authority.
The motor carrier shall be solely responsible for controlling the method, manner, and means of accomplishing the motor carrier’s services. For purposes of these Terms, “driver” shall mean those motor carrier employees, contractors, owner-operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicles providing transportation on behalf of the motor carrier. The motor carrier or its drivers are responsible for determining the appropriated route for transportation. Any navigational directions that LoadWatcher.com offers to motor carrier or its drivers are offered as a convenience only, and the motor carrier and its drivers shall have no obligation to follow such navigational directions. If the motor carrier elects to provide access to the Service to its drivers, any directions, instructions, or other information provided through the Services are provided by the motor carrier to the driver. Any transportation services (i.e. shipments) that are accepted by a motor carrier or any employee, contractor or other service provider of the motor carrier (including you) on behalf of a motor carrier using the Services are subject to the terms and conditions of the applicable agreement(s) entered into by, between, and/or among, such motor carrier, driver, and/or shipper (“Shipping Contract”). You acknowledge and agree that LoadWatcher.com is not a party to, or intended beneficiary of, such Shipping Contract. If you are a driver and/or motor carrier, you agree that all charges and compensation due to you under the Shipping Contract, or as an employee, contractor or other service provider of the motor carrier, are the sole responsibility of the shipper and/or motor carrier, as the case may be, and not LoadWatcher.com. If you are a shipper, you agree that the motor carrier and/or driver are solely responsible for the fulfillment of pick-up, carriage, and delivery responsibilities under the Shipping Contract.
Service Features. Some features of the Service make use of detailed location and route information for example in the form of GPS signals and other information sent by the driver’s mobile device on which the LoadWatcher.com application is installed and activated. These features cannot be provided without utilizing this technology.
- When the driver registers with LoadWatcher.com, the Website and App allows the driver to set up a username. If the driver chooses to use the Service without setting up a username, LoadWatcher.com will still link all of the location information with the driver’s account using the driver’s mobile device identification number.
- Upon activation of the driver’s account for each trip, driver authorizes the collection of such data by LoadWatcher.com and disclosure of such data to the authorized third party monitor associated with the driver’s and monitor’s accounts.
Keep Your Account Secure. Do not let others use your LoadWatcher.com account. You will be responsible for anything that happens through your account until your account is deactivated. You must notify us immediately if you believe that your account has become compromised.
LoadWatcher.com Service. LoadWatcher.com hereby grants you a non-exclusive time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) to access the Website and App and use the Service subject to these Terms. Any rights not expressly granted herein are reserved by LoadWatcher.com.
Limitations on Using the Service. You may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public or integrate it within a service of your own, without the prior written consent of LoadWatcher.com. The examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
- 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and App, or which, as determined by us, may harm the Company or users of the Website and App or expose them to liability.
Additionally, you agree not to:
- Use the Website and App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and App, including their ability to engage in real time activities through the Website and App.
- Use any robot, spider, or other automatic device, process, or means to access the Website and App for any purpose, including monitoring or copying any of the material on the Website and App.
- Use any manual process to monitor or copy any of the material on the Website and App or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website and App. You may not engage in scraping data mining, harvesting screen scraping, data aggregating, and indexing.
- 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 Website and App, the server on which the Website and App is stored, or any server, computer, or database connected to the Website and App.
- Attack the Website and App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website and App.
CONSENT TO USE LOCATION DATA.
LoadWatcher.com Data Collection and Use. You expressly consent to and grant LoadWatcher.com the right to collect and disclose the location of your mobile device (“Location Information”) to all registered shippers in the LoadWatcher.com Service network associated with your account. LoadWatcher.com does not disclose identifying information to third party monitors other than the location and speed of your mobile device. Once LoadWatcher.com discloses the Location Information, your agreement with such shippers (and NOT these Terms) governs how those shippers may use your Location Information. You may modify certain aspects of the Service with respect to when your mobile device may be located as described below.
Drivers authorize the collection and release of Location Information to registered shippers by the activating the LoadWatcher.com application on the driver’s mobile device for each trip.
Activation. Drivers must download the LoadWatcher.com application on your mobile device and register with LoadWatcher.com to activate the Service. Once you have downloaded the LoadWatcher.com mobile application you will be given a unique 4 digit passcode for each registered shipper. With that 4 digit passcode the registered shipper will be able to login, then determine your current location, and follow your device for the duration of your trip. For each delivery, you will need to follow the instructions to complete activation of the Service for that delivery. Your activation of the mobile application is your authorization to release Location Information to registered shippers associated with your account for each potential freight transaction and to facilitate the delivery process.
Temporarily Disabling Tracking. There are no features in the LoadWatcher.com application to disable tracking after activation. However, you can manually turn off, or disable, the location services on the mobile device(s) being tracked. Turning off the location services on your mobile device will temporarily disable tracking under the LoadWatcher.com application, and all other location dependent services on the device. When you want tracking under the LoadWatcher.com application to resume, you will then manually turn on, or enable, the location services on the mobile device(s). Never disable or enable location services on your device(s) while driving. Always wait until after you have stopped your vehicle in an appropriate location permitted by law.
Permanent Disabling Tracking. The best way to permanently disable tracking under the LoadWatcher.com application is to remove, or uninstall, the application. Please note that after you have removed the LoadWatcher.com application, you will not be able to have your Location Information tracked again until you reinstall the LoadWatcher.com application to your mobile device(s) and activate the application.
Notwithstanding the foregoing, LoadWatcher.com reserves the right to charge (and thereafter, revise) fees for the Service at any time upon providing prior notice to you. If you fail to pay any such charges for the Service when due, then LoadWatcher.com reserves the right to pursue any and all legal remedies to collect the amounts owed by you and any other remedy described herein or available under applicable law. You will receive a notification alert through the Website and App, and the frequency and number of such messages will depend, in part, on your use of the Website and App.
Wireless Providers. To use LoadWatcher.com mobile application, you must have an active account with a wireless provider. LoadWatcher.com mobile application is compatible with wireless providers such as, for example, AT&T, Sprint, and Verizon, provided that availability of the Service through any given carrier is subject to change. At all times, LoadWatcher.com relies on and is subject to the wireless services furnished by wireless providers. For example, the Service may not be available, in whole or part, due to capacity and facility constraints, among any others, associated with the wireless providers’ respective networks. In addition to any other Terms herein, you agree that LoadWatcher.com will not be responsible for any damages associated with such limitations.
Wireless Provider Fees. Transmitting and receiving real-time updates to and from the Website and App requires an online (e.g., Wi-Fi. 3G. 4G) connection between your cellular device and the Internet. You may be required to pay fees imposed by your wireless provider, including but not limited to, data, SMS text messages or WAP services fees, roaming, air time, excess minutes or excess data fees. Such fees may appear on statements that your wireless provider sends you. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to interact with the Service, or with third party monitors, or use the Service in any manner for any purpose other than for automatic tracking while driving. Interaction with the Service, or with third party monitors, may only be permitted after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, interaction with the Service, or with third party monitors, is permitted by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
LOADWATCHER.COM SERVICE SHOULD NOT BE USED FOR OR RELIED ON FOR EMERGENCY LOCATION OR SAFETY PURPOSES OR UNDER CIRCUMSTANCES REQUIRING GUARANTEED RESULTS.
Driver’s age and license. The Service is intended for use by drivers who are of the legal age and hold a valid driving license required for the applicable driving activity. In any case, accounts of users underage and without a valid driving license will be cancelled and deleted by LoadWatcher.com, upon receiving notice.
All intellectual property rights in and to the LoadWatcher.com website, the Service and its database including copyrights. trademarks. Industrial designs, patents and trade secrets – are either the exclusive property of LoadWatcher.com or its affiliates or are exclusively licensed to LoadWatcher.com.
“LoadWatcher.com”, the LoadWatcher.com logo and other trade and/or service marks are the property of LoadWatcher.com or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of LoadWatcher.com.
The design, trade dress and the ‘look and feel’ of the LoadWatcher.com website and the Service are protected works under applicable copyright laws and LoadWatcher.com and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use any mark, indicator, logo or notation that are embedded or displayed in the Software. You may not copy or print more than one copy of any data or material appearing on the website.
LoadWatcher.com may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from LoadWatcher.com rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by LoadWatcher.com to protect the Service from unauthorized use you must immediately cease any and all use of the Service, and you undertake to do so.
Linking to the Website and App 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.
This Website and App may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website and App.
- Send emails or other communications with certain content, or links to certain content, on this Website and App.
- Cause limited portions of content on this Website and App 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 and 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.
- Cause the Website and App or portions of it 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 Website and App other than the homepage.
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.
LIMITATION OF LIABILITY AND WARRANTY
LOADWATCHER.COM WEBSITE AND APP PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
IN ADDITION, LOADWATCHER.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINES, ACCURACY, QUALITY, OR SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION FURNISHED ON THE WEBSITE AND APP. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCUDING INFORMATION FURNISHED THROUGH THE WEBSITE AND APP, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Additionally and without derogating from the above disclaimers. You expressly agree that (a) the Website and App provides an approximate location of the driver(s) mobile device and does not guarantee any results; (b) results from the Website and App may not be accurate, timely or reliable; (c) use of the Website and App and any requested Location Information is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellites and satellite data; (d) the accuracy of the Location Information is subject to the driver’s mobile device being turned on, charged and within the driver’s underlying wireless provider’s coverage area, among other factors; and (e) the Service may be limited to mobile devices located in the United States. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Website and App.
LoadWatcher.com exerts efforts to provide you with a high quality and satisfactory service. However we do not warrant that the Service will operate in an uninterrupted or error-free manner or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to LoadWatcher.com computers, immune from damages. Free of malfunctions, bugs or failures, including but not limited to hardware failures Software failures and Software communication failures originating either in LoadWatcher.com or any of its providers.
LOADWATCHER.COM, INCLUDING ITS OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA COSTS EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY ARISING FROM, OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE WEBSITE AND APP AND/OR SERVICE OR FROM ANY FAILURE ERROR OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE AND APP AND/OR SERVICE OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE WEBSITE AND APP AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM USERS, OR FROM ANY COMMUNICATION WITH, ON OR THROUGH THE WEBSITE AND APP AND/OR SERVICE OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT OR FROM RETENTION, DELETION DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE WEBSITE AND APP. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
USER REPRESENTATIONS AND INDEMNITY
You understand and acknowledge that you are responsible for any information you submit or contribute to the Website and App, including information submitted when you create your account and interact with the Service (“User Contributions”); and you further agree that you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You agree that you are solely responsible for validating the accuracy and authenticity of any User Contributions you rely on, including driver license, vehicle registration, and insurance information. We are not responsible or liable to any user or third party for the content or accuracy of any User Contributions posted by you or any other user of the Website and App and/or Service.
Without derogating from any applicable law, you agree to indemnify and hold harmless LoadWatcher.com and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of (1) inaccurate, illegal, and/or unreliable User Contributions by you and/or (2) your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by LoadWatcher.com, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
LoadWatcher.com may either partially or in its entirety and without being obligated to provide prior notice – modify adapt or change the Website and App’s features, the user interface and design, the extent and availability of the contents in the Website and App and any other aspect related to the Website and App. You will have no claim, complaint or demand against LoadWatcher.com for applying such changes or for failures incidental to such changes.
We may – with or without notice – perform maintenance, modify, replace, refuse access to, suspend, limit access or discontinue the Website and App. If LoadWatcher.com discontinues the Website and App entirely, it will post a notice on its website: http://www.LoadWatcher.com.
SUSPENSION AND TERMINATION
Deactivation: Closing your account. You can always completely deactivate the Service by calling +310-310-2291+310-310-2291 and requesting deactivation. If you would also like for LoadWatcher.com to delete your LoadWatcher.com account and your personal information contained in the account please call +310-310-2291+310-310-2291 to request LoadWatcher.com delete your account. On receiving such a request LoadWatcher.com will use reasonable efforts to delete such information however please note that your information may be retained on our back-up systems for some time LoadWatcher.com retains the right to block your access to the Service and discontinue your use of the Service at any time and for any reason LoadWatcher.com deems appropriate at its sole and absolute discretion.
Suspension or Termination of Service by LoadWatcher.com. Without prejudice to any other rights, LoadWatcher.com may at any time suspend and/or terminate your license and the Service to you in its entirety, or any part thereof, temporarily or permanently at its sole discretion, with or without cause, by providing notice to you and such termination will be effective immediately or as specified in the notice.
User Termination. You may terminate this Agreement at any time by deactivating your account as described above.
Effect of Termination. Upon any termination of the Service, your license will be deemed revoked, and LoadWatcher.com will cease providing the Service to you. Upon termination, LoadWatcher.com will have no liability to you or any further obligations under these Terms. Upon termination, you lose your license and access to the Service but you will be and remain responsible for fees for any subscriptions, wireless provider services or that any third party may legally impose, if any.
MODIFICATIONS OF THESE TERMS
LoadWatcher.com may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on LoadWatcher.com website. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
Governing Law and Jurisdiction. These Terms, the Website and App, and Service will be governed solely by the laws of the State of California, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Website and App and Service, will be under the exclusive jurisdiction of the competent court in the County of Los Angeles, State of California.
Arbitration. At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms, the Website and App, or Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying California law, and located in Los Angeles, California.
Limitations Period. Should you desire to file any cause of action against LoadWatcher.com, arising out of or related to these Terms, the Software, and/or the Service you must do so within two (2) years of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned time frame will bring about the permanent barring of the cause of action and will constitute your complete and final waiving of the lawsuit.
Non-Assignment. You may not assign or transfer your rights in and to the Service, without the prior written consent of LoadWatcher.com. LoadWatcher.com may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes LoadWatcher.com obligations to you under these Terms.
Severability. If any provision of these Terms is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision will be interpreted as to give maximum effect to its intended purpose and this will not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction; or (b) any other provision of these Terms.
Notices. You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with LoadWatcher.com (collectively, “Notices”) in electronic format. We may notify you via postings on www.LoadWatcher.com, email, SMS text message or otherwise. You will be responsible for any costs associated with any notices sent via SMS text message. If you desire to withdraw your consent to receive notes as stated herein, then you must terminate the license and Service by deactivating your account as described herein.
Electronic Access, Electronic Notices, Electronic Signature. By downloading the LoadWatcher.com application and/or accessing the LoadWatcher.com website and creating an account you will be consenting to LoadWatcher.com providing these Terms in electronic form. YOUR AGREEMENT AND INTENT TO BE BOUND BY AN ELECTRONIC AGREEMENT APPLIES TO ALL DOCUMENTS RELATED TO THE LICENSE AND SERVICE, INCLUDING WITHOUT LIMITATION, AMENDMENTS AND NOTICES. To access and retain this electronic Agreement and use the license, and Service, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access web-based content and pay any applicable fees. You may save this Agreement into any word processing program or print it. You have the right to withdraw your consent to have this Agreement provided to you in electronic form. You can withdraw such consent by deactivating your LoadWatcher.com account as described herein.