Terms of Service For BrokerLoads.com™

July 01, 2009

Acceptance of Terms

BrokerLoads.com™ provides its Terms of Service to you as well as its Privacy Policy for this site and all such documents are incorporated by reference as if fully set forth herein.

We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these terms, in whole or in part, at any time.

The BrokerLoads.com website is owned and operated by BrokerLoads.com, LLC. All references herein to "BrokerLoads.com," "Us/We", include and mean the corporate identity of BrokerLoads.com, LLC.

Any user of our site may be referred to as "user" or "you" within the body of this document.

Any use of any tool or service that this site provides is the user's express indication to us that he/she agrees to be bound by each and every term and condition of this document.

We may modify or alter these Terms and Conditions at anytime without any prior notice to you being given. In the event that you disagree with any modification to these Terms and Conditions your sole recourse is to refrain from using this site and the tools and services that we provide. You further use of any of our tools or services, or this site, subsequent to any modification or alteration of these Terms and Services is your express indication to us that you expressly agree to be bound by each and every term and condition of the modified Terms and Conditions document as posted on our site in its modified or altered form.

Description of our Services

BrokerLoads.com provides its users with an online freight matching portal to post, advertise, search or locate available loads and trucks and use any other services integrated within the website. You also understand and agree that the service may include certain communications from BrokerLoads.com™ including service announcements, offers, messages and general communications and that such are considered part of membership in BrokerLoads.com™ and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features to membership shall be subject to the terms of service.

All content on this Site is provided "As is" and "Where is." You assume the sole responsibility of conducting reasonable due diligence when contracting with any other user on this website. BrokerLoads.com assumes no responsibility for the timeliness, deletion, mis-delivery 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 fees or airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the website portal.

Fees and Costs and Membership Requirements

Only parties that can lawfully enter into and form legal contracts may use the website and our services. If you use our services, you expressly represent to us that:

You understand and agree that BrokerLoads.com™ is not responsible for the content provided by third parties. BrokerLoads.com™ does not investigate any content provided by third parties You agree to hold BrokerLoads.com™ and it's owners, officers, principles, associates, advertisers, employees, affiliates, and contractors harmless from any liability and to indemnify the same from any losses, damages, judgments, fees and costs of any nature regarding your reliance upon any content provided to this website by any third party.

The content presented on this site that is owned exclusively by BrokerLoads.com™ is protected by various provincial, state and federal copyright laws and other legal restrictions. Other content, not owned by us, is protected by similar laws in various jurisdictions.

While BrokerLoads.com™ does not have an obligation to screen, edit or review third party content, BrokerLoads.com™ does have the right, but not the obligation, in it's sole discretion, to refuse, change, remove or move any content as it deems appropriate to do so.

BrokerLoads.com™ may provide online moderators (acting as assistant sysops) who are given the ability to remove data in their entirety and or comments or other information posted or provided by users that, in our sole discretion, are found to have violated our Terms of Use, guidelines, or policies. In general, such removals will be conducted without commentary.

BrokerLoads.com™ also reserves the right to engage a "Dispute Resolution System" whereby users may flag inappropriate content for review and removal by BrokerLoads.com™. All users agree that we may use this system as an informal way of allowing our community to become involved with the policing of our site's rules, guidelines and policies. Moderators/Sysops are volunteer independent contractors. Our Dispute Resolutions System provides a method for the user community to informally become involved with policing the rules, policies and guidelines of our web site.

Should user violate any provisions for subscriber qualification, BrokerLoads.com™ may terminate the member’s account without notice or warning, in addition to being subjected to any and all other legal remedies that may be available under these terms of service, including but not limited to civil and/or criminal actions under state/provincial and/or federal law. Members expressly agree to bear any and all costs associated with such action, including but not limited to actual attorney fees incurred by BrokerLoads.com™.

SERVICE FEES

BrokerLoads.com™ is a fee-based member website. All service and usage fees are payable in advance and subscription renewal fees are automatically charged to subscriber’s credit card without prior notification. All membership trial subscriptions are automatically billed at expiration, recurring monthly. Please note that our billing processing company pre-authorizes ALL transactions to validate the user who is signing up for a free trial. All membership account upgrades are charged immediately. All fees listed on our website are in United States Dollars (USD).

Membership plans include:

Membership commences immediately after your credit card is charged or bank account debited and funds are verified. Purchases will appear on your credit card and/or bank statements under the name BrokerLoads.com, LLC. The company does not issue refunds.

CREDIT CARD INTERNATIONAL/FOREIGN TRANSACTION FEE

All membership service fees/charges are in USD currency or as otherwise stated and therefore might accompany a Credit Card International/Foreign Transaction Fee of approximately 1% (depending on your financial institution). The company does not issue refunds or refunds for overdraft fees.

FREE TRIAL MEMBERSHIP ABUSE

BrokerLoads.com™ actively monitors free trial memberships and may cancel the user's Free Membership without notice if abuse is detected.

ACCEPTED ONLINE PAYMENT METHODS

We accept: VISA, MasterCard, Check, Pre-Authorized Debit, and money-orders.

AUTOMATIC DEBIT - ELECTRONIC RECEIPT

Subscribers will receive an email receipt to their email address provided upon initial trial subscription activation.

AUTOMATIC RECURRING CHECK BILLING

BrokerLoads.com, LLC will appear on your bank statement for all charges made after your trial period expires. If you elect to use your bank account to purchase a membership to the website, an ACH or EFT debit will be drawn on your account. Your agreement with this terms of service is BrokerLoads.com, LLC to issue an ACH or EFT debit to your account.

AUTOMATIC RECURRING PAYMENT

BrokerLoads.com™ has periodic subscription fees that are defined by the service plan chosen at the time of the initial enrollment for subscription. The member is responsible for such fees according to the terms of the site. After a member’s trial period has expired, charged subscription fees become non-refundable.

ACH TRANSACTIONS RETURNED FOR NON-SUFFICIENT FUNDS

We will assess a NSF charge of $35.00 against your bank account should there be insufficient funds in the account at the time a membership fee payment occurs. Website access will be suspended until such time that the NSF has been paid or cured.

AUTOMATIC RECURRING BILLING

Subscription fees will be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber three (3) days before renewal. All trial account members shall be exempt from the 3-day notification requirement, but subscriber must notify BrokerLoads.com™ directly 24 hours prior to the end of the trial offer period in order to cancel automatic renewal. All trial offer memberships shall renew at the stated membership rate. Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes BrokerLoads.com™ to charge subscriber's chosen payment method to pay for the ongoing cost of membership.

MERCHANT'S BUSINESS NAME

BrokerLoads.com, LLC,

MILEAGE

The website displays the mileage or distances as a service to its members. The website makes no claims to the accuracy of such mileages or distances for the use of the member or any other parties.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website, correspondence or access to the website.

CANCELLATION

Members may cancel their membership at any time via the user dashboard screen. The user must cancel the membership or contact support@brokerloads.com. Upon cancellation, access will not be prorated and unused monthly fees will not refunded. No prorated or unused portions will be refunded.

Billing Department Customer Service Contact Information

BrokerLoads.com, LLC, 1241 Parkview Lane NW, Kennesaw, Georgia 30152

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnifications

You agree to indemnify and hold us, our parent company, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the tools and services we provide, any violation by you of this Agreement, or any infringement by your or anyone employed or contracted by you of any intellectual property or any other right of any person or entity, such as the rights of publicity and privacy.

You agree to defend, hold harmless and indemnify BrokerLoads.com, LLC its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services or the use of the Service using your account, including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other users; (iv) any breach of contract or other claims made by members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any user; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another user. This defense and indemnification will survive this Agreement and your use of the Site.

Modifications and Interruption to Service

We reserve the right to modify or discontinue the services, and our website, with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue any or all of the services that we provide. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties' sites.

Disclaimer Regarding Accuracy of Information

Specifications and other information have either been provided by other members or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. We are not responsible for the services or products offered or sold via our service.

We makes no warranties or representations whatsoever and any decisions or actions shall be at your own risk.

Governing Jurisdiction of the Courts of the State of Georgia, USA

Our website is managed by our officers in the State of Georgia, USA. As such, we are subject to the laws of the State of Georgia, USA, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia, USA. All legal disputes between you and BrokerLoads.com™ shall be resolved exclusively by mandatory, binding arbitration between the parties. Should an arbitration service provider not be selected by mutual agreement within thirty days written request of either party, the Courts of the State of Georgia shall have the ability to appoint a suitable arbitration service provider. Each party shall prepay their related share of the costs and fees of arbitration and the decision of the arbitrator shall be final and enforceable by the Courts of the State of Georgia and the jurisdiction in which the parties reside and or are employed.

All causes of action against BrokerLoads.com™ or it's parent company must commence within thirty days after the cause arises, or the cause of action is barred.

Compliance with Laws.

User assumes all knowledge of applicable law, including copyright and trademark law, and is responsible for compliance with any such laws. The user may not use our tools and services in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements.

Each user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is a © 2009 BrokerLoads.com™, with all rights reserved, or is the property of BrokerLoads.com™, or other third parties vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BrokerLoads.com™ is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BrokerLoads.com™.

BrokerLoads.com™ and/or its logo are owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business or BrokerLoads.com™.

All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by us of those particular Vendors.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as its agent for receipt of notifications of claimed copyright infringement for complaining individuals residing or working in the United States of America. (Residents of other nations, may send copyright complaints to us for our review and consideration following this format. Our ultimate action if any will depend on the nature of the complaint sent to us.)

By Mail
BrokerLoads.com, LLC
ATTENTION: DMCA
1241 Parkview Lane NW
Kennesaw, Georgia 30152

By Email
Using the Contact Us page located on the website.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a site member or visitor. You agree that by accepting this Terms of Use Agreement your are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and BrokerLoads.com™, except and solely to the extent expressly stated. All users and designers/vendors are independent contractors.