Last updated on March 19th, 2019.
Welcome to the #request.site_name# website (“Site”) provided to you by #request.site_name#. The Site and any related services, modules, functions, software or platforms (collectively, “Services”) were created in order to provide you a much easier way to find loads and move more freight. These #request.site_name# Terms of Service (“TOS”) constitute a set of rules by which we operate such Services.
ACCEPTANCE OF TERMS
#request.site_name# provides its service to you, subject to the following Terms of Service (“TOS”). Your use of the Website, Mobile Apps, APIs or other services constitutes your agreement to be bound by all terms, conditions and notices contained herein. We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these TOS, in whole or in part, at any time. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us.
DESCRIPTION OF SERVICE
#request.site_name# currently provides North American (USA and Canada) users with an online freight matching service which allows users to post and search for available loads and trucks and use any other freely offered services integrated within our Website (the “Service”). You also understand and agree that the service may include certain communications from #request.site_name#, such as service announcements, administrative messages, and that these communications are considered part of #request.site_name# membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new #request.site_name# properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that #request.site_name# assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
MOBILE APPLICATION (APP)
Using our mobile application for iOS, Android or other devices while driving a truck or motor vehicle can cause serious injury, death, or property damage to you or others. DO NOT use our mobile application unless your vehicle is stationary and parked. YOU ASSUME ALL RISKS AND RESPONSIBILITIES.
1. Subscriber is of the age of adulthood (18);
2. Subscriber is or represents a bona fide owner-operator, carrier, shipper, freight broker, 3PL, freight forwarder or trucking industry consultant;
3. Subscriber’s access to #request.site_name# is for commercial purposes only and is limited to finding loads and/or trucks through the use of our freight matching service and/or taking advantage of the other services offered on #request.site_name#;
4. Subscriber’s commercial purpose in accessing and using #request.site_name# is not to directly or indirectly compete with or gain competitive advantage in relation to #request.site_name#;
5. Subscriber will not allow non-registered users to use subscriber’s password and/or username to access subscriber’s account without the express written consent of #request.site_name#;
6. When submitting content to the #request.site_name#’s Website, subscriber warrants and represents that the information is accurate, that subscriber is authorized to submit the information and that the information content, format and delivery method are appropriate.
Should user violate any provisions for subscriber qualification, #request.site_name# may terminate the subscriber’s account without notice or warning, in addition to being subjected to any and all other legal remedies that may be available under these TOS, including but not limited to civil and/or criminal actions under state/provincial and/or federal law. Should #request.site_name# be forced to institute legal action against subscriber to enforce these TOS or for any other violations of state and/or federal law not specifically enunciated herein, subscriber expressly agrees to bear any and all costs associated with such action, including but not limited to actual attorney fees incurred by #request.site_name#.
As an added benefit option for members, #request.site_name# displays the mileage of posted loads. It is meant only to give users an estimate as to the distance between the starting and destination points of the load. #request.site_name# does not lay any claims to the accuracy of the mileage and in no way is the broker/shipper/carrier/trucker bound to it. The broker/shipper/carrier/trucker has the final say as to the mileage he/she will pay for.
NO RESALE OR OUTSIDE USE OF SERVICE OR DATA
You agree not to reproduce, duplicate, scrape, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
#request.site_name# reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice. You agree that #request.site_name# shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
COMPLAINT HANDLING PROCEDURES
If a problem is attributed to a service provided by #request.site_name#, our objective is to resolve the problem promptly, equitably and amicably. All complaints must be sent by email to [email protected]#request.site_name#. Please include your name, subscription information, and complete description of your complaint. We strive to respond to all inquiries within 24 hours.
You agree that #request.site_name# may, under certain circumstances and without prior notice, immediately terminate your #request.site_name# account and access to the Service. Cause for such termination shall include, but not be limited to:
1. Breaches or violations of the TOS or other incorporated agreements or guidelines;
2. Requests by law enforcement or other government agencies;
3. A request by you (self-initiated account deletions);
4. Discontinuance or material modification to the Service (or any part thereof);
5. Unexpected technical or security issues or problems; and
6. Extended periods of inactivity.
Termination of your #request.site_name# account includes:
1. Removal of access to all offerings within the Service;
2. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and
3. Barring further use of the Service. Further, you agree that all terminations for cause shall be made in #request.site_name#’s sole discretion and that #request.site_name# shall not be liable to you or any third-party for any termination of your account or access to the Service.
In order to maintain a leading Online Freight Matching Service, we must guard against those that may attempt to take advantage of others or who simply do not follow the rules. If you are submitting content to our site, you warrant and represent that the information is accurate, that you are authorized to submit the information, and that the information content, format and delivery method is appropriate. In order to protect each user we reserve the absolute right to review, reject or modify the information submitted in our sole and independent discretion. By transferring information you agree that #request.site_name#, its affiliates, and assigns are licensed to use, reproduce, display, perform, adapt, modify, distribute, and promote the information in a manner we deem reasonable in our sole and independent judgment.
ELECTRONIC COMMUNICATIONS & TECHNOLOGY
The content and software used on this Website and the Website layout and design are the exclusive property of #request.site_name# and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Users may not copy or retrieve data or other content from this Website, either manually or through the use of automatic devices, for the purpose of creating, directly or indirectly, a collection, database, or directory without the express written permission of #request.site_name#. Subscribers may not use meta tags or other hidden text utilizing the #request.site_name# name or trademarks, nor may subscriber use framing techniques to enclose any portion of the Website, without express written permission. Unless expressly authorized in writing by #request.site_name#, subscriber may not reproduce, modify, distribute, transmit, republish, display, rent, sell, license, edit, or create derivative works from any of the content or other material on this Website.
You acknowledge that #request.site_name# is an Internet-based business and that our Service is available through the Internet. To maintain an account with us, you will need to be able to access our Website on the internet, which requires appropriate computer equipment, internet access, a Website browser, as well as an e-mail account. You acknowledge and understand that you may incur certain operational costs in connection with your use of the Internet, such as monthly fees for a service provider, airtime charges, etc, for which you are solely responsible.
INTERRUPTION AND MODIFICATION TO SERVICE
#request.site_name# always strives for continuous service uptime, however reserves the right to modify or discontinue the load board service with or without notice. #request.site_name# shall not be held liable to any member or any third party should #request.site_name# exercise its right to modify or discontinue the load board service.
All members acknowledge and accept that #request.site_name# does not guarantee continued, uninterrupted, or secured access to the load board service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by #request.site_name# or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
#request.site_name# maintains an online freight matching service for use by carriers and shippers in order to communicate and do business with each other. #request.site_name# does not handle the cash, control the users in any way, or arrange for the movement of freight. All such arrangements are made by the users of the Website, and any terms and conditions of such freight movement are solely between the carrier and the shipper. No agency, partnership, joint venture, or employee-employer relationship is intended or created by your use of this Website or by these TOS. If there is a dispute by a user or between users, we want to know about it to make sure everyone is doing what they should be doing on our Website. Please keep in mind that we are simply a middleman for the trucking business, and in order to protect ourselves, you agree that you will not bring us into any dispute that may arise between users. In order to do so, you agree to release #request.site_name#, its officers, employees, and agents from all claims, demands, and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes.
USE OF THE INFORMATION AND DATA CONTAINED ON THIS WEBSITE AND MOBILE APPLICATIONS (APP) IS AT YOUR OWN RISK
#request.site_name# does not give any applicable warranty or guarantee. While #request.site_name# makes reasonable efforts to post accurate and timely information, we make no representations or warranties of the accuracy of content on the Site and mobile application and assume no liability or responsibility for inaccuracies, errors, or omissions in such content. The information and data on this site is provided on an “as-is” and “as-available” basis without warranty or condition of any kind or nature, either express or implied. #request.site_name# specifically disclaims the implied warranties of title, fitness for a particular purpose, merchantability, and non-infringement. In no event shall #request.site_name# be liable for lost profits or any special, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information or data) however arising, including negligence, arising out of or in connection with this agreement and/or subscriber’s use of the Website. #request.site_name# accepts no responsibility or liability for any use of the data and/or information or reliance placed upon said data and/or information. #request.site_name# makes no warranties that said data and/or information is free of infection by computer viruses or other contamination. #request.site_name# does not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to or included on, or linked from or to this Website. #request.site_name#’s aggregate liability with respect to its obligations under this agreement or otherwise with respect to the service or otherwise shall not exceed the amount of the fee paid by you for the services in the month when the obligation occurred. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. All Website users agree to indemnify and hold #request.site_name#, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
The TOS constitute the entire agreement between you and #request.site_name# and govern your use of the Service, superseding any prior agreements (oral, written, or electronic) between you and #request.site_name#. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other #request.site_name# services, affiliate services, third-party content or third-party software. The failure of #request.site_name# to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You acknowledge that by registering with us, submitting information to us for posting or any other purposes or using the Website and our Service, no fiduciary, confidential, contractually implied or other relationship is created between you and us other than the express contractual relationship set forth in these TOS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
We reserve the right to assign our rights and obligations under these TOS to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these TOS without our express written consent. These TOS will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.
#request.site_name# may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
CHANGES TO THE TERMS
#request.site_name# may update the Terms of Service to reflect changes in our services and customer feedback. If #request.site_name# makes changes to any terms or conditions of the Terms of Service, these changes will be posted on our websites in a timely manner.
Please report any violations of the TOS to us by email.