|
Get the most out of your service by knowing the parameters of your Agreement with us. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and LoadFinders.com and explain our respective legal rights concerning all aspects of our relationship, including:
LoadFinderTM Freight Matching Services
Billing And Charges
Starting And Ending Services
LoadFinders Classifieds
LoadFinders Email Services
Member And User Conduct
Indemnity and Release
Limitation Of Liability
Copyright, Trademark, and Patent Notices
Changes In Terms And Conditions And Changes In Products And Services
Non-Waiver And Separability
Relationship Of Parties
No Resale, Assignment, Or Sublicensing
Successors And Assigns
Termination; Survival
Privacy And Confidentiality
LoadFinderTM Freight Matching Services
Billing and Charges
The Contract on paid services between the member and LoadFinders.com is normally month to month unless the member indicates quarterly, semi-annual, or annual billing on their order form. Every month, quarter, 6 months, or year, the charges will automatically be deducted from their account. In event that the credit card is declined, the member will be notified via email and given 48 hours to provide an alternate form of billing. At the end of the 48 hour grace period the service will be temporarily turned off. In the event the membership fees are not paid within 10 days the account will be removed from the servers. All fees must be paid in U.S. dollars.
Starting and Ending Service
Each of LoadFinder'sTM paid membership packages comes with a 30 day free trial. If you are not completely satisfied with our services within the first 30 days of your contract, you will not be obligated to continue with the service.
Cancellation request may be made at any time. No refund of unused membership fees will be provided after the 30 day introductory period has expired. Cancellation requires 14 days written notice. This notice may be sent via e-mail from the email address of record for the account and it must contain the member's username and password. Cancellation requests may also be faxed to the office or sent via snail mail, they too must contain the member's username and password. Once cancellation notice is received you will be mailed back a cancellation confirmation ID. If you have not received this ID within 3 days of cancellation date you will need to contact us again to confirm cancellation.
LoadFinders Classifieds
Use of LoadFinders Classifieds is restricted to users who are at least 18 years of age. Only members are allowed to post classifieds. All viewers and web site guests are allowed to view and respond to classified ads.
Users may not make duplicate listings, which shall mean that users may not make any listing that contains 60% or more of the same characters of any other listing, without regard to the categories of the respective listings.
You agree that you will not use LoadFinders Classifieds to:
Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the LoadFinders community or the spirit of these Terms and Conditions.
You agree that you will not use LoadFinders Classifieds to advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
By using LoadFinders Classifieds, you hereby agree that you shall be solely responsible for all tax obligations and costs that arise from or relate to your use of LoadFinders Classifieds, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your purchase or sale of any goods or services through LoadFinders Classifieds.
LoadFinders cannot confirm that any particular user is who that user claims to be. Nor can LoadFinders confirm the truth or accuracy of any statements made by users.
LIKE OTHER AREAS OF THE LOADFINDERS PRODUCTS AND SERVICES, YOUR USE OF LOADFINDERS CLASSIFIEDS IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
LoadFinders shall not be responsible for any of the information made available through LoadFinders Classifieds or for whether any particular user acts in accordance with his or her statements posted through LoadFinders Classifieds. PLEASE EXERCISE CAUTION IN USING LOADFINDERS CLASSIFIEDS AND IN INTERACTING WITH ANY PERSONS YOU ENCOUNTER THROUGH LOADFINDERS CLASSIFIEDS. YOU SHOULD TREAT PERSONS YOU ENCOUNTER THROUGH LOADFINDERS CLASSIFIEDS WITH THE SAME CAUTION THAT WOULD BE PRUDENT WHEN APPROACHING ANY STRANGER. You may wish to consider using a third party escrow service to provide additional user verification.
LoadFinders will not get involved in any dispute between users of LoadFinders Classifieds.
LoadFinders Email Services
LoadFinders also may suspend or terminate any members LoadFinders Email account because of user inactivity. For example, a LoadFinders Email account may be terminated or suspended if a user fails to sign-in to the LoadFinders Email Service for an extended period of time; please see the LoadFinders Email Help section for more information regarding LoadFinders Mail's policies concerning account termination. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
You acknowledge and agree that you will not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Member And User Conduct
Upon registering, you will receive a password and LoadFinderTM ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify LoadFinders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LoadFinders cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, photographs, pictures, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LoadFinders, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. LoadFinderTM does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LoadFinders be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, LoadFinders does not pre-screen user or third party Content posted on the LoadFinderTM Network, except for certain areas where LoadFinders employs certain automated screening software, although LoadFinders reserves the right to do so. LoadFinders does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. LoadFinders reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by LoadFinders.com.
Prohibited Conduct
You agree that you will not use LoadFinders Products and Services to:
Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a LoadFinders official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the products and services of LoadFinderTM.
Use automated means, including spiders, robots, crawlers, or the like to download data from any LoadFinderTM database.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Access the Products and Services after your account or access has been terminated by LoadFinders.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Indemnity And Release
By submitting messages and/or materials to the Site, each user agrees to indemnify, defend and hold harmless LoadFinders.com from all damages, costs and expenses, including reasonable attorneys' fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to the user's submission.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LOADFINDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LOADFINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LOADFINDERTM NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE LOADFINDERTM NETWORK. WITH RESPECT TO PREMIUM LOADFINDERTM MEMBERS, LOADFINDERS.COM'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT.
UNDER NO CIRCUMSTANCES SHALL LOADFINDERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Copyright, Trademark, Service Mark, And Patent Notices
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of LoadFinders.com neither warrants, nor represents, that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with LoadFinders.com.
LoadFinder trademark is owned by LoadFinders, LLC and is unlawful to copy any text or the logos, or graphics without express written consent from LoadFinders, LLC.
Changes In Terms And Conditions And Changes In Products And Services
LoadFinderTM reserves the right to modify the products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and services. LoadFinderTM reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
Non-Waiver And Separability
LoadFinders' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
Relationship Of Parties
You acknowledge and agree that you and LoadFinderTM are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
No Resale, Assignment, Or Sublicensing
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of LoadFinders, LLC.
Successors And Assigns
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
Termination; Survival
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by LoadFinders. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
Privacy and Confidentiality
It is our policy that personal information, such as your name, postal and email address or telephone number, is private and confidential. Accordingly, the personal information you provide is stored in a secure location, is accessible only by designated staff and is used only for the purposes for which you provide the information. For example, when you post an available load or truck on LoadFinderTM, the contact information specified in creating your account is accessible on LoadFinderTM system by other users.
You may review our complete Privacy Statement Here.
|
Unlimited Load Posting
