|
We at Truckload Credit LLC, the “Provider” shall always try to provide the very best service to you that we can and to operate our business according to the best business practices. This means that we want to begin our relationship with an agreement on all the terms and conditions for the use of this web site. This overview will help to avoid future misunderstandings. This document contains all the rules for use and terms of our agreement with you, the “Site User” or “User”, for the service we shall provide. Your subscription to our service and use of this web site is acceptance by you of the terms and conditions in this Agreement. We understand that the individual who registers your company as a Site User with us has full authority to do so, and we rely upon your assurances that such is the case. If anyone else uses your registration information or account, they are also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. By using the site, we understand and you agree, that you understand all of the terms and conditions of this Agreement and agree to be bound by them and to abide by them, including our Privacy Policy.
It seems like change is everywhere around us. And our web site is no different. Wouldn't it be a shame if we never updated our site to make it easier to navigate, more user friendly, and more informative? So, we are constantly looking at how to make it better. Every time we make it better, we make changes and updates. Some of the changes we make may be to this Agreement. You agree that we can make changes in our sole and independent discretion to this Agreement and the site, post it on the site, and you will abide by the changes and be bound by the terms. It will be your responsibility to inspect this agreement for those changes.
Our Service
We, your Provider, shall continuously maintain current and up-to-date payment history and information on transportation brokers in our proprietary database. The Truckload Credit payment history information is based solely on Truckload Credit's opinion. This opinion is based on days to pay invoices, business practices, financial strength, as well as other payment history and information. We shall maintain this information for each of the transportation brokers in our database. Truckload Credit LLC disclaims all warranties as to the accuracy, adequacy or completeness of this information. We will constantly monitor this information for you, and if and when there is a change in a broker's payment history, we can notify you that change has taken place in several ways. You can find changes directly through our web site when you login. We may also automatically notify you of changes by email using the email address you provide, and by fax using the fax number you provide. We will not send you information by email or fax about changes in broker payment history if there is no change. It is up to you to visit our web site to obtain the nature and details of any changes. We are not responsible for the action or lack of action you take after we post any changes, regardless of whether you are aware of them. Truckload Credit LLC shall have no liability for the opinions, inadequacies, errors or omissions contained in the information or its interpretation. Payment information changes daily, and opinions expressed are subject to change without notice.
In accordance with the Fair Credit Reporting Act, you may not use information in the Truckload Credit web site to determine a consumer's eligibility for (a) credit or insurance for personal, family or household purposes; (b) a government license or benefit; or (c) employment.
Limited License
You are granted a nonexclusive, nontransferable, limited license to access and use the payment history services and information available to you as a member of Truckload Credit. This limited license includes the right to display Truckload Credit information electronically and to obtain a printout of the information provided. The Truckload Credit web site and services licensed herein are provided for your exclusive use as a Site User.
We Maintain and Provide Information
Although our information is as current and up-to-date as we can make it, we may not have verified all of the information extensively with the broker or any third parties. We do not necessarily obtain or maintain the insurance or the certificate of authority for the broker or control the broker in any way. Therefore, we cannot warrant or guaranty the accuracy of the information provided by the broker. If there is a dispute over this information, we want to know about it, but keep in mind that we are simply an information service for the transportation industry, and in order to protect ourselves, you agree that you will not bring us into any dispute that may arise as a result of the information provided. In order to do so, you agree to release Truckload Credit LLC, its officers, employees and agents from all claims, liability, obligations, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes and to hold us harmless from all liability and damages. We do everything we can to create a positive experience for all Site Users, and we will act promptly on your complaints, but we cannot control the conduct or the business of the brokers or the many users of our site. We also provide you with links to other sites not controlled or owned by Truckload Credit LLC. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of these sites.
Excluded Uses of Information
Truckload Credit LLC is not a consumer reporting agency as defined in the Fair Credit Reporting Act. The Truckload Credit web site materials, including the payment history information, have not been collected in whole or part for the purpose of furnishing consumer reports, as defined in the Fair Credit Reporting Act, nor is it expected that Truckload Credit materials and payment history information will be used by you to prepare a consumer report. You agree not to use any part of the Truckload Credit database information for the purpose of serving as a factor in (a) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing credit obligations, (b) evaluating an individual for employment, promotion, retention or reassignment, (c) in connection with any other personal business transaction of an individual. Additionally, you agree not to use any of this information directly in preparation of a consumer report.
We Have Qualified Members
We don't want people and companies not in the transportation business registering on our site. It just adds to our cost, does not benefit you, and means that we have to divert resources from supporting and improving our business and making your experience as positive and productive as possible. In order to register as a user, you must be a bona fide carrier or directly related business. The use of the Truckload Credit web site is for transportation broker information purposes only. You don't want your competition knowing all of your secrets, do you? We don't either. So by subscribing to and using the site, you agree that you will not use any of the information available to compete against us online or elsewhere. No competitors are permitted to register or otherwise gain access to our site or information, so you agree that you won't give your user registration information out except to trusted business partners or associates. Our services are only available to individuals and companies that can form legally binding contracts under applicable law. All access and use of the site is logged, tracked and monitored for each user's account.
Your Login Information
If you learn that an unauthorized person or company has obtained your username and password, then you must notify us immediately so they can be changed. You can also login to change account information.
Our Relationship
The Truckload Credit web site is a venue for broker information, and we want you to use our service to get that information. You agree that Truckload Credit LLC and you are independent contractors, and no partnership, joint venture, agency, employer/employee, franchisor/franchisee or any other relationship exists or is intended to be created by this Agreement or your use of the site. In addition, a key part of our service is email and fax communications with our users. You agree that we may send you email and faxes, that you have elected to participate in our email and fax program, that Truckload Credit LLC may forward email messages to you and that you further elect to receive electronic messages without limitation from Truckload Credit LLC or its business partners or associates.
We Are Your Low Cost Provider
You know the value in being a Site User, or you are soon to realize the tremendous value of our service. We think you'll agree that our low monthly fee is a great value. Your access to our service and web site depends upon your payment of this monthly fee, and if the fee is not paid, then we may terminate our service and your access. We bill your credit/debit card automatically on your billing date for next month's service. You can cancel your Truckload Credit account any time before your monthly billing date and no further charges will be assessed. Cancellations must be made via fax or email only. This of course may change in the future. You understand that the charges, including the amount, how they are calculated, and other characteristics of our pricing model may evolve and change. We'll let you know ahead of time if we anticipate a pricing change. We will only make such a change if we determine, in our sole and independent judgment, that it is appropriate to do so. We are dedicated to delivering more than we promise at pricing that clearly creates a great benefit and real value to each user.
We Protect Our Customer Base
We have built the site for your use. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, you understand that we have the right to terminate any site user’s registration or any Site User’s service and access to the site at any time in our sole and independent discretion and judgment.
Disclaimers, Limitations of Liability and Indemnification
The information offered through Truckload Credit is constantly changing by design and necessity. WE PROVIDE THE Truckload Credit WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEB SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless Truckload Credit LLC from all damages resulting from claims made against Truckload Credit LLC relating to both your authorized use and misuse of this web site and service. In no event shall the Provider be liable or responsible for consequential, indirect, incidental, statutory or punitive damages as a result of the information provided.
Dispute Resolution
Truckload Credit LLC is focused on the business of providing up-to-date broker payment information, and we want to make sure that our entire organization is available as much as possible to answer your questions and carry on the day-to-day operations that make our site, and your business, successful. You, therefore, agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the web site, except for matters exclusively between registered or authorized users and not involving Truckload Credit LLC, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Gwinnett County, Georgia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Truckload Credit LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Gwinnett County, Georgia or Atlanta, Georgia necessary to protect the rights or property of you or Truckload Credit LLC pending the completion of arbitration.
Copyright Protection
The entire contents of this web site are protected by copyright laws. Except as provided herein, no part of the materials, including logos or graphics, available on this web site may be copied, photocopied, reproduced, translated or changed to any electronic medium without the prior written consent of Truckload Credit LLC. You shall not remove the Truckload Credit copyright notice or any other notice from Truckload Credit information or materials.
General Provisions
We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the site: This is the entire Agreement governing the use of the Truckload Credit site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Georgia, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Truckload Credit LLC in accordance with applicable law, and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by Truckload Credit LLC in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party's permitted successors and assigns, and Truckload Credit LLC may assign its right to payments and assign this Agreement without subscriber’s consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples, and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.
Cancellations
Cancellations must be made in writing via fax or email. Please send cancellation notice by email to cancel@truckloadcredit.com and provide your contact information. The date of cancellation will be when it is received by Truckload Credit LLC and thus ends this agreement. Any Monthly charges paid before cancellation will not be refunded. Truckload Credit LLC reserves the right to allow accounts, and at its sole discretion, to cancel this agreement and discontinue service at any time.
Added Value Sponsor
Discover helpful information about non-recourse freight bill factoring with FreightCheck.
|
